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PEOPLE v. PATTERSON

No. 199.

28 N.Y.3d 544 (2016)

68 N.E.3d 1242

46 N.Y.S.3d 511

2016 NY Slip Op 08582

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ROBERT PATTERSON, Appellant.

Court of Appeals of New York.

Decided December 22, 2016.

Attorney(s) appearing for the Case

Seymour W. James, Jr., The Legal Aid Society, New York City (Ellen Dille of counsel), for appellant.

Darcel D. Clark, District Attorney, Bronx (Ryan P. Mansell, Marianne Stracquadanio and Nancy Killian of counsel), for respondent.

Chief Judge DIFIORE and Judges PIGOTT, ABDUS-SALAAM, FAHEY and GARCIA concur; Judge RIVERA concurs in result in a separate concurring opinion.

OPINION OF THE COURT

In this appeal, we are asked to determine whether the Appellate Division properly upheld the admission of subscriber information in prepaid cell phone records as nonhearsay evidence located within a business record. Because the subscriber information was not introduced for the truth of the matters asserted...

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