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United States v. Donato, 1997 WL 196593 (2d Cir. Apr. 23, 1997) (unpublished table decision) (not available online).

Appellate Court Proceedings[]

The appellate court stated that:

We have also held that printouts of computer records can be admitted at trial under [Fed. R. Evid.] Rule 803(6). "A business record may include data stored electronically on computers and later printed out for presentation in court, so long as the 'original computer data compilation was prepared pursuant to a business duty in accordance with regular business practice.'" In the instant case, BMW employee James Patterson testified that the computer records were made and kept in BMW's ordinary course of business; Mercedes Benz employee Michael Doherty testified similarly concerning the Mercedes Benz records. The district court did not, therefore, abuse "its broad discretion," in admitting these records.[1]


  1. Id. at *2 (citations omitted).