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United States v. Sliker

751 F.2d 477 (1984)

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United States v. Sliker

United States Court of Appeals for the Second Circuit

751 F.2d 477 (1984)

Facts

Sliker and Carbone (defendants) were charged on multiple counts related to a fraud. At trial, the prosecution (plaintiff) asked Carbone about a telephone conversation he had with Sliker. When Carbone claimed to be unable to recall the conversation, the prosecution attempted to refresh his recollection by playing a recording of the conversation. The prosecution then asked if Carbone recognized his own voice on the recording, and Carbone declined to answer. When Carbone maintained that he still did not recall the conversation, the prosecution offered the tape of the recording into evidence. The trial judge listened to the recording and determined that there was sufficient evidence that the voice on the recording was Carbone’s to present the recording to the jury. Carbone argued that the judge could not be the one to identify Carbone’s voice, but the judge overruled this objection, and the recording was played for the jury. The defendants were convicted, and they appealed.

Rule of Law

Issue

Holding and Reasoning (Friendly, J.)

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