State’s top court overturns Erie County child abuse case with concerns about deepfake
Date: February 17, 2026

Emily Wall, CFR’s Attorney in Charge of Appeals, was quoted in this piece about a New York State Court of Appeals ruling on the use of unauthenticated video footage evidence to separate a family.
In a 4-3 decision reversing an appellate court ruling, the state’s top court said an Erie Count Family Court judge relied on three videos – the only evidence of abuse in the case – despite failing to require enough proof it was genuine.
“We welcome the Court’s clear statement that the rules of evidence apply in Family Court no less than in other courts,” Wall said. “Families should not be torn apart based on evidentiary shortcuts that erode the protections meant to ensure accurate determinations. This is a major victory for families, including my client and her son, who will finally be reunited after four long years of separation.”
Read the full article here.
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