Marcus

— Following a trial by jury defendant was convicted of extortion (Pen. Code, § 518), receiving stolen property (Pen. Code, § 496), and an attempt to violate Penal Code section 475 (Pen. Code, § 663). Proceedings were suspended and he was placed on probation for four years upon condition that the first 270 days be spent in the county jail and that all laws be obeyed. Defendant appeals from the judgment contending that the trial court committed prejudicial error in admitting into evidence a rerecording of a prerecorded conversation between defendant and the People’s witness Kathleen Daniel.

During trial it was determined by the court out of the jury’s presence that the original tape recording (People’s exh. 2 for identification) was inaudible. Mrs. Daniel testified she recorded a conversation between herself and defendant. After listening to the original out of the jury’s presence she testified as follows:

John M. Back, an investigator from the district attorney’s office, then testified that he made an accurate, audible, unedited copy of People’s exhibit 2 by running it through a filter. Defendant objected to an attempt to introduce the rerecording on the ground that,…