People v. Lofton, 226 A.D.2d 1082 (N.Y. App. Div. 1996). · Go Syfert
People v. Lofton, 226 A.D.2d 1082 (N.Y. App. Div. 1996). Cases Citing This Book View Copy Cite
7 citation events (7 in the last 25 years) across 1 distinct court.
Top citers, strongest first. 3 distinct citers. How cited ↗
discussed Cited as authority (rule) People v. Lafountain
N.Y. App. Div. · 2021 · confidence medium
Likewise, his best evidence argument is unpreserved since no objections were made when either the victim or the mother testified to the text messages ( see People v Lofton , 226 AD2d 1082, 1082 [1996], lv denied 88 NY2d 1022 [1996]).
discussed Cited "see" People v. Fulton
N.Y. App. Div. · 2022 · signal: see · confidence high
Thus, because the People introduced the security guard's testimony to establish the events that he observed, which are facts "existing independently of the . . . recording, 'the best evidence rule was inapplicable and the [events] could be testified to by anyone who' " observed them ( People v Vernay , 174 AD3d 1485 , 1486 [4th Dept 2019]; see People v Lofton , 226 AD2d 1082, 1082 [4th Dept 1996], lv denied 88 NY2d 938 [1996], reconsideration denied 88 NY2d 1022 [1996]).
discussed Cited "see" People v. Vernay
N.Y. App. Div. · 2019 · signal: see · confidence high
Because the People introduced the operator's testimony to prove the content of her conversation with the passenger, a fact existing independently of the 911 recording, "the best evidence rule was inapplicable and the conversation could be testified to by anyone who heard it" ( People v Torres , 118 AD2d 821, 822 [2d Dept 1986], lv denied 68 NY2d 672 [1986]; see People v Lofton , 226 AD2d 1082, 1082 [4th Dept 1996], lv denied 88 NY2d 938 [1996], reconsideration denied 88 NY2d 1022 [1996]).
Retrieving the full opinion text from the archive…
The People of the State of New York
v.
Ben Lofton
Appellate Division of the Supreme Court of the State of New York.
Apr 19, 1996.
226 A.D.2d 1082
Cited by 6 opinions  |  Published

Judgment unanimously affirmed. Memorandum: Defendant appeals from a judgment of conviction of criminal sale of a controlled substance in the first degree and other related charges involving the sale of cocaine to an undercover investigator of the Monroe County Sheriff’s Department and a robbery of the investigator. On appeal, defendant contends that the investigator’s testimony concerning audio and video tapes made during the drug transactions and the robbery constituted bolstering and that the admission of that testimony also violated the best evidence rule. At trial, defendant objected to the receipt of those tapes into evidence, along with written transcripts, but failed to object to the investigator’s testimony regarding the content of the tapes. Thus, his contentions are unpreserved for our review (see, CPL 470.05 [2]; People v Love, 57 NY2d 1023, 1025; People v Chambers, 191 AD2d 1031, lv denied 81 NY2d 1012). In any event, defendant’s contentions are without merit. The investigator’s testimony was necessary to identify the voices on the audio tapes and to interpret certain terms used by defendant during the negotiation and completion of the drug transactions (see, People v Bignall, 195 AD2d 997, 998, lv denied 82 NY2d 891; People v Portanova, 56 AD2d 265, 271-272). In addition, the court properly instructed the jury that, as the trier of the facts, the jury ultimately had to interpret the tapes. The investigator’s testimony concerning the recorded conversations did not violate the best evidence rule (see, People v Torres, 118 AD2d 821, 822, lv denied 68 NY2d 672). Lastly, based upon defendant’s prior criminal history and the seriousness of the offenses, we conclude that the sentence is neither unduly harsh nor severe. (Appeal from Judgment of Monroe County Court, Connell, J.—Criminal Sale Controlled Substance, 1st Degree.) Present—Denman, P. J., Lawton, Wesley, Balio and Boehm, JJ.