People v. Vining

After a jury trial, Defendant was found guilty of attempted assault in the third degree, assault in the third degree, and other offenses. Defendant appealed, arguing that the trial court erred in admitting a phone call between Defendant and his ex-girlfriend as an adoptive admission. The Appellate Division concluded that the trial court properly exercised its discretion in admitting the call. The Court of Appeals affirmed, holding (1) because the People satisfied the threshold evidentiary requirements for admissibility, the trial court properly placed the call before the jury; (2) the trial court did not abuse its discretion by denying Defendant’s request to redact portions of the call; and (3) that the call was recorded while Defendant was incarcerated does not change the analysis. View "People v. Vining" on Justia Law