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PEOPLE v. VALLE
Appellate Division of the Supreme Court of New York, First Department.
Jan 28, 1997
Defendant's contentions are unreviewable, since he has failed to produce a copy of the audiotape whose admission into evidence is at issue. Although portions of the tape are quoted in the record, it appears that the challenge to its admissibility cannot be resolved without the entire tape, which has become unavailable through no fault of the People. Even assuming arguendo that the trial court erred in admitting the tape under the coconspirator's exception to the hearsay rule, such error was harmless in light of the other overwhelming evidence of guilt.
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