People v. Roberts, 2009 WL 3380019 (N.Y. App. Div. Oct. 22, 2009)

Key Insight: Where, based on chain of custody testimony, the trial court admitted a videotape discovered by defendant?s roommate and given to the police, but where there was no testimony concerning the making of the videotape or where it was kept or who had access to it during the nearly three year period from the time of its making to its discovery, and where the appellate court acknowledged that ?because films are so easily altered, there is a very real danger that deceptive tapes, inadequately authenticated, could contaminate the trial process,? appellate court found admission of the tape was in error and that the error was not harmless and ordered a new trial

Nature of Case: Sex abuse

Electronic Data Involved: Videotape

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