People v. Thomas

Judgment, Supreme Court, New York County (Allen Alpert, J., at unavailability hearing; Bruce Allen, J., at trial and sentence), rendered July 27, 1994, convicting defendant, after a jury trial, of grand larceny in the fourth degree, and sentencing him to a term of 2 to 4 years, unanimously affirmed.

The unavailability of two witnesses who had testified against defendant at his first trial was established by proof adequate to *550show that they had moved to unknown addresses in foreign countries, and, accordingly, that prior testimony was properly received into evidence (CPL 670.10 [1]; Mancusi v…