People v. Price

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In this criminal case, the People did not proffer a sufficient foundation at trial to authenticate a photograph that was obtained from an internet profile page allegedly belonging to Defendant to render the photograph admissible in evidence. After a jury trial, Defendant was convicted of two counts of robbery. Over Defendant’s objection to the sufficiency of the proffered authentication, the trial court ruled that a photograph purportedly depicting Defendant holding a firearm and money would be admissible into evidence. The Appellate Division affirmed. The Court of Appeals reversed the order of the Appellate Division and ordered a new trial, holding (1) the People failed to demonstrate that the photograph was a fair and accurate representation of that which it purported to depict and presented insufficient evidence to establish that the website belonged to, and was controlled by, Defendant; and (2) the error was not harmless. View "People v. Price" on Justia Law

Posted in: Criminal Law

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