Credit: Tero Vesalainen/Shutterstock 'People v. Rodriguez': Court of Appeals Applies 'Standard Evidentiary Rubrics' for Admission of Digital Evidence
The Court of Appeals 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."
June 27, 2022 at 12:00 PM
11 minute read
Evidence
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."
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