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DEFENDANT DEEMED TO HAVE CONSENTED TO THE RECORDING OF PHONE CALLS MADE FROM JAIL AND TO THE PRESENTATION OF THE RECORDINGS AS TRIAL EVIDENCE (FIRST DEPT).

The First Department determined the defendant’s request to preclude recording of phone calls he made from jail was properly denied. Defendant was deemed to have consented to the recordings:

“Defendant impliedly consented to the recording of the call(s) based on his receipt of multiple forms of notice that his calls would be recorded, and he was not entitled to separate notice that the calls might be subpoenaed by prosecutors” … . People v Mason, 2018 NY Slip Op 07944, First Dept 11-20-18

CRIMINAL LAW (EVIDENCE, DEFENDANT DEEMED TO HAVE CONSENTED TO THE RECORDING OF PHONE CALLS MADE FROM JAIL AND TO THE PRESENTATION OF THE RECORDINGS AS TRIAL EVIDENCE (FIRST DEPT))/EVIDENCE (CRIMINAL LAW, PHONE CALLS FROM JAIL, DEFENDANT DEEMED TO HAVE CONSENTED TO THE RECORDING OF PHONE CALLS MADE FROM JAIL AND TO THE PRESENTATION OF THE RECORDINGS AS TRIAL EVIDENCE (FIRST DEPT))/PHONE CALLS (CRIMINAL LAW, JAIL,  DEFENDANT DEEMED TO HAVE CONSENTED TO THE RECORDING OF PHONE CALLS MADE FROM JAIL AND TO THE PRESENTATION OF THE RECORDINGS AS TRIAL EVIDENCE (FIRST DEPT))/RECORDINGS (PHONE CALL, JAIL, CRIMINAL LAW, DEFENDANT DEEMED TO HAVE CONSENTED TO THE RECORDING OF PHONE CALLS MADE FROM JAIL AND TO THE PRESENTATION OF THE RECORDINGS AS TRIAL EVIDENCE (FIRST DEPT))

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