People v Jones

Holding The trial court did not abuse its discretion in admitting surveillance video and a photographic still image, as the evidence was properly authenticated through testimony regarding the chain of custody and the integrity of the footage. The court further held that the evidence was legally sufficient to support the conviction for criminal possession of a weapon and that defense counsel was not ineffective for failing to raise a constitutional challenge to the weapon statutes.

The court’s words

In the authentication context, what matters most is whether the events depicted are as real as the proponent claims them to be

2026 NY Slip Op 04641, at the official text

authenticity is established by proof that the offered evidence is genuine and that there has been no tampering with it

2026 NY Slip Op 04641, at the official text

a video may be authenticated through (1) testimony of a witness to the recorded events or of an operator or installer or maintainer of the equipment that the videotape accurately represents the subject matter depicted or (2) testimony (expert or lay) establishing that the video truly and accurately represents what was before the camera

2026 NY Slip Op 04641, at the official text

Evidence establishing the chain of custody of the videotape may additionally buttress its authenticity and integrity, and even allow for acceptable inferences of reasonable accuracy and freedom from tampering

2026 NY Slip Op 04641, at the official text

the totality of the evidence supports a finding that the surveillance footage and the photograph were properly authenticated and that any uncertainty whether they accurately depicted the events in question went to the weight of that evidence, rather than its admissibility

2026 NY Slip Op 04641, at the official text

there is a valid line of reasoning and permissible inferences from which a rational [factfinder] could have found the elements of the crime[s] proved beyond a reasonable doubt

2026 NY Slip Op 04641, at the official text

the decision in Bruen had no impact on the constitutionality of New York State's criminal possession of a weapon statutes

2026 NY Slip Op 04641, at the official text