People v. Broome

—Judgment unanimously reversed on the law and new trial granted. Memorandum: Defendant appeals from a judgment convicting him of criminal possession of a weapon in the third degree. There is no merit to his contention that the jury verdict is not supported by legally sufficient evidence or is contrary to the weight of the evidence (see, People v Bleakley, 69 NY2d 490).

We nevertheless conclude that reversal is required because the trial court erred in admitting the testimony of a witness given at a prior trial. The People failed to demonstrate that the witness was unavailable, i.e., that she…