People v. DiTommaso
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
OPINION OF THE COURT
Andrias, J.
Defendant was convicted, after a jury trial, of two counts of perjury in the first degree. The only arguments he raises on appeal are that the trial court erred when it allowed the People to admit certain grand jury testimony on their direct case under the past recollection recorded exception to the hearsay rule, and when it excluded, on relevancy grounds, a document critical to his perjury trap defense. For the reasons that follow, we find that the grand jury testimony should not have been admitted into evidence because the People failed to establish that the…
2Cases cited21 opinions
- Crawford v. WashingtonSupreme Court of the United States · 2004
- People v. MaliziaNew York Court of Appeals · 1984
- People v. EvansNew York Court of Appeals · 2000
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- People v. TaylorNew York Court of Appeals · 1992
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