- Associated Press - Tuesday, February 16, 2016

ALBANY, N.Y. (AP) - A former Rikers Island inmate is asking that the taped jail phone calls used to help convict him be thrown out as evidence by the state’s highest court.

Attorney Stanley Neustadter tells the Court of Appeals the standard posted warning by the jail phones says calls are subject to monitoring and recording in accordance with corrections policy.

He said Tuesday that that’s inadequate since tapes are routinely provided to prosecutors trolling for incriminating information.

Marcellus Johnson was convicted of stealing a wallet, cellphone and debit card from a drunken tourist in 2011.

Manhattan Assistant District Attorney Susan Axelrod says it’s no secret her office gets recordings often.

She says if a defendant makes a stupid decision, that’s his fault.

A ruling is expected next month.

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This story has been corrected to show the jail is called Rikers Island, not Riker’s Island.

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