Fourth Department – Video evidence: People v. Alexander

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New York State Supreme Court, Appellate Division, Fourth Judicial Department

Video evidence — Foundation — Specific objection

People v. Alexander

KA 22-00359

Appealed from Monroe County Court

Background: The defendant appealed from his conviction of murder. He argues that the court erred in admitting software-generated video files purporting to show his location based upon GPS coordinates obtained from an ankle monitor he wore on parole. He specifically argues that the people failed to explain how the video files were created and failed to establish that the locations identified on the video files accurately reflected the ankle monitor’s location.

Ruling: The Appellate Division affirmed. The court held that the defendant’s general objection to a lack of foundation was insufficient to preserve the specific contention he advanced on appeal regarding the adequacy of the foundation for the specific files at issue.

Alexander Prieto, of the Public Defender’s office, for the defendant-appellant; Aeron Schwallie, of the District Attorney’s office, for the respondent.

Oral argument video