People v. Major
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
—Judgment unanimously affirmed. Memorandum: Defendant contends that County Court erred in permitting the People to read into evidence the Grand Jury testimony of his mother as part of their case-in-chief. We disagree. Out-of-court statements, including Grand Jury testimony, may be admitted as part of the People’s case-in-chief where the witness is unavailable to testify at trial and the People establish by clear and convincing evidence that the unavailability of the witness was the result of “the misconduct of the defendant personally, or of others on his or her behalf with the defendant’s…
2Cases cited8 opinions
- People v. CrimminsNew York Court of Appeals · 1975
- People v. GeraciNew York Court of Appeals · 1995
- People v. DaddonaNew York Court of Appeals · 1993
- Holtzman v. HellenbrandAppellate Division of the Supreme Court of the State of New York · 1983
- People v. MAHER (KENNETH)New York Court of Appeals · 1997
3 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- People v. EncarnacionAppellate Division of the Supreme Court of the State of New York · 2011
- People v. SmithAppellate Division of the Supreme Court of the State of New York · 2005
- People v. NelsonAppellate Division of the Supreme Court of the State of New York · 2017
- People v. JerniganAppellate Division of the Supreme Court of the State of New York · 2007
- People v. LeggettAppellate Division of the Supreme Court of the State of New York · 2013
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