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People v. Tyson

Appellate Division of the Supreme Court of New York, First Department
Nov 29, 1994
209 A.D.2d 354 (N.Y. App. Div. 1994)

Opinion

November 29, 1994

Appeal from the Supreme Court, Bronx County (Ira Globerman, J.).


It was an abuse of discretion to deny defendant's request for a reasonable expenditure to test whether a voice on a tape offered in evidence, in which defendant allegedly admitted the crime, was in fact defendant's (see, Johnson v. Harris, 682 F.2d 49, 50-51, cert denied 459 U.S. 1041). Defendant established extraordinary circumstances justifying compensation for the test (County Law § 722-c; see, People v. Gallow, 171 A.D.2d 1061, 1062, lv denied 77 N.Y.2d 995), the results of which could have severely damaged the victim's credibility (compare, People v. Williams, 160 A.D.2d 754, affd 77 N.Y.2d 949). A preliminary hearing must then be held to determine the scientific reliability of the test should the expert conclude that the voice on the tape was not defendant's (see, People v. Jeter, 80 N.Y.2d 818, 821). Of course, the expert must, in the first instance supervise the creation of the defendant's voice exemplar.

Concur — Murphy, P.J., Carro, Ellerin, Wallach and Kupferman, JJ.


Summaries of

People v. Tyson

Appellate Division of the Supreme Court of New York, First Department
Nov 29, 1994
209 A.D.2d 354 (N.Y. App. Div. 1994)
Case details for

People v. Tyson

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JAMES TYSON, Appellant

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: Nov 29, 1994

Citations

209 A.D.2d 354 (N.Y. App. Div. 1994)
618 N.Y.S.2d 796

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