Legal Opinion

People v. Byrd

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

Decided April 15, 2008PublishedCited by 15 opinions

1Opinion of the Court

OPINION OF THE COURT

Moskowitz, J.

*269The primary issue on this appeal is whether it was error for the trial judge to admit the complainant’s grand jury testimony after determining that the complainant was unavailable to testify at trial because of battered person syndrome. For the reasons that follow, we find no error.

Defendant Jimmy Byrd and Jill J. lived together from late 1991 until defendant’s arrest on August 7, 2002. Their daughter was born in January 1993. For years, defendant physically and verbally abused Jill J. Om July 26, 2002, defendant flew into a rage apparently because the glass…

2Cases cited10 opinions

  1. People v. DanielsonNew York Court of Appeals · 2007
  2. People v. GeraciNew York Court of Appeals · 1995
  3. Holtzman v. HellenbrandAppellate Division of the Supreme Court of the State of New York · 1983
  4. People v. MAHER (KENNETH)New York Court of Appeals · 1997
  5. People v. OwusuNew York Court of Appeals · 1999

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3Cited by15 opinions

  1. People v. EncarnacionAppellate Division of the Supreme Court of the State of New York · 2011
  2. People v. GarciaNew York Supreme Court · 2013
  3. People v. DebrauxNew York Supreme Court · 2015
  4. People v. SmithNew York Supreme Court · 2010
  5. People v. KinsmanAppellate Division of the Supreme Court of the State of New York · 2021

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