People v. Gant

Appeal from a judgment of the County Court of Rensselaer County (Ceresia, Jr., J.), rendered August 12, 1991, upon a verdict convicting defendant of the crimes of criminal sale of a controlled substance in the third degree and criminal possession of a controlled substance in the third degree.

*817Defendant complains that the procedures provided with respect to material witnesses in CPL 620.30 were violated because the application, which was not in writing and sworn, was invalid. The record reveals that the witness Curtis Johnson appeared as a rebuttal witness for the prosecution voluntarily and…