Summary
holding that sufficient foundation for the introduction of a copy of an original videotape into evidence had been laid where a trial witness had declared the copy to be an accurate depiction of the events that the witness had observed
Summary of this case from Dewall v. Supt., Mohawk Correctional FacilityOpinion
October 10, 1989
Appeal from the Supreme Court, Kings County (Meyerson, J.).
Ordered that the judgment is reversed, on the law, the indictment is dismissed and the matter is remitted to the Supreme Court, Kings County, for the purpose of entering an order in its discretion pursuant to CPL 160.50.
Viewing the evidence in the light most favorable to the prosecution (see, People v Contes, 60 N.Y.2d 620), we find that it was not legally sufficient to support the defendant's conviction (see, People v Padilla, 146 A.D.2d 813).
In view of our decision to reverse the judgment of conviction and to dismiss the indictment, we do not address the defendant's remaining contentions. Mangano, J.P., Thompson, Eiber and Balletta, JJ., concur.