Evidence

Admissibility of Business Records Containing Out-of-Court Statements

, New York Law Journal

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In his Evidence column, Michael J. Hutter writes: Court of Appeals Judge Stein's conclusion, and her analysis in support, that the Sprint subscriber information offered in a burglary and robbery trial to establish phone calls between the defendant and an accomplice was not barred by the hearsay rule is certainly valuable on that difficult issue. The true value of her opinion, however, lies in how she reached that admissibility conclusion in the context of the offered evidence, the cell phone records, which involved two out-of-court statements.

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