People v. Taylor

In People v. Taylor, 80 N.Y.2d 5 (1993), the Court of Appeals reiterated the conditions that must be met before a memorandum may be admitted under the past recollection recorded exception. The foundational requirements for admitting a memorandum into evidence as a witness's past recollection recorded are: (1) the witness must have observed the matter recorded; (2) the witness's recollection must have been fairly fresh when recorded or adopted; (3) the witness can presently testify that the record correctly represented his knowledge and recollection when made; and (4) the witness must lack sufficient present recollection of the recorded information. (People v. Taylor, 80 N.Y.2d 1, at 9, 586 N.Y.S.2d 545, 598.)