The April cyber column focused on New York courts grappling with the admissibility of digital evidence. In it, I suggested that the reader "stay tuned" for future developments from the Court of Appeals in People v. Rodriguez, 187 A.D.3d 1063 (2d Dep't 2020) lv. granted, 36 N.Y.3d 977 (Dec. 28, 2020), which was then pending before state's highest court. New York's Court of Appeals did not disappoint in its decision issued on May 19, 2022. 2022 NY Slip Op 03307. In reversing the Appellate Division, Second Department, in an opinion authored by Judge Anthony Cannataro, the court clearly articulated that the law in New York for admission of digital evidence requires application of the standard evidentiary rubrics, and is reviewed on appeal per the burdensome "abuse of discretion standard as a matter of law."

In Rodriguez, the defendant, the victim's 43-year-old high school volleyball coach, was charged with attempted use of a child in a sexual performance, disseminating indecent material to a minor in the first degree, and endangering the welfare of a child, stemming from allegations that he engaged in sexual text message conversations with the 15-year-old complainant between Oct. 1, 2014 and Nov. 12, 2014.