People v. Hilts

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed.

After one trial ended in a hung jury, defendant was convicted at a second trial of sale and possession of a controlled substance. The People’s main witness at the first trial was a police informant. The informant failed to appear for the second trial, and the People were permitted to introduce his previous testimony, pursuant to CPL 670.10. Defendant argues that this was error for two reasons: (1) he did not have a full and fair opportunity to cross-examine the informant at the first trial; and (2) the…