The following excerpt is from People v. Moffitt, 19 N.Y.S.3d 713, 50 Misc.3d 803 (N.Y. Crim. Ct. 2015):
People v. Youngs, 2 Misc.3d 823, 771 N.Y.S.2d 282 (Yates Cty.2003), upon which the People rely, is not to the contrary. In that case, the conversation did not take place over speakerphone. Nor was it recorded. Given the myriad ways to communicate these daystext messages, email, instant messaging, social mediathere is simply no excuse to place a defendant's conversation with his attorney on speakerphone and record it on video.
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