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eBook details

• Title: People State New York v. George Taylor
• Author : Court of Appeals of New York
• Release Date : January 01, 1992
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 69 KB

Description

Hancock, Jr., J. Defendant was tried before a jury on one indictment and convicted of separate crimes involving two different victims: i.e., rape and sodomy of Clara B. and attempted rape and sexual abuse of Elizabeth G. In defendants appeal of the Appellate Divisions affirmance of his convictions, we address two issues: (1) on the rape and sodomy counts, whether the trial court erred in admitting--under the hearsay exception for a past recollection recorded--a police officers phone message with a license plate number allegedly belonging to defendants car; and, (2) on the attempted rape count, whether the court erred in denying defendants request for a jury charge on the affirmative defense of renunciation. For the reasons stated hereinafter, we hold: (1) that admission of the phone message as a past recollection recorded was improper and that that error, coupled with the erroneous admission of an uncertified copy of defendants car registration, warrants a reversal and a new trial; and, (2) that the courts denial of defendants request for a renunciation charge was correct.

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