New York Court of Appeals
The People of the State of New York v. Michael Kennedy
December 19, 198668 N.Y.2d 569
Summary
The New York Court of Appeals affirmed the Appellate Division’s order reversing the defendant’s conviction because the trial court admitted two pocket diaries as business records without a sufficient foundation. The Court held that an expert witness alone cannot satisfy the foundation requirements of CPLR 4518(a), and therefore the diaries were inadmissible. While recognizing that records of a criminal enterprise may qualify as business records, the Court emphasized that the statutory regularity and reliability criteria must be met.