Legal Opinion

People v. Gardner

Appellate Division of the Supreme Court of the State of New York

Decided March 14, 1997PublishedCited by 5 opinions

1Opinion of the Court

Judgment unanimously affirmed. Memorandum: Supreme Court did not err in permitting the People to introduce testimony of defendant from a prior trial as part of their case-in-chief. The People were not required to satisfy the requirements of CPL 670.10. The evidence included admissions by defendant and was independently admissible under that exception to the hearsay rule (see, People v Rose, 224 AD2d 643; People v Koestler, 176 AD2d 1207, 1208; People v King, 158 AD2d 471, lv denied 76 NY2d 737; People v Morton, 116 AD2d 925, 927, lv denied 67 NY2d 887). Defendant did not object to the…

2Cases cited9 opinions

  1. People v. RubinAppellate Division of the Supreme Court of the State of New York · 1984
  2. People v. PlantAppellate Division of the Supreme Court of the State of New York · 1988
  3. People v. GriceAppellate Division of the Supreme Court of the State of New York · 1984
  4. People v. RoseAppellate Division of the Supreme Court of the State of New York · 1996
  5. People v. PaulAppellate Division of the Supreme Court of the State of New York · 1995

4 more not listed; retrieve them via the Exa API.

3Cited by5 opinions

  1. People v. DiTommasoAppellate Division of the Supreme Court of the State of New York · 2015
  2. People v. LilesAppellate Division of the Supreme Court of the State of New York · 1997
  3. People v. DiTommasoAppellate Division of the Supreme Court of the State of New York · 2015
  4. People v. DiTommasoAppellate Division of the Supreme Court of the State of New York · 2015
  5. People v. MartinezAppellate Division of the Supreme Court of the State of New York · 1998

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