People v. Carlos Tapia

State of New York OPINION Court of Appeals This opinion is uncorrected and subject to revision before publication in the New York Reports. No. 19 The People &c., Respondent, v. Carlos Tapia, Appellant. Daniel A. Rubens, for appellant. James J. Wen, for respondent. DiFIORE, Chief Judge: The issue presented in this appeal is whether a portion of a testifying witness’s prior grand jury testimony was properly admitted as a past recollection recorded to supplement his trial testimony. We hold that the trial court did not abuse its discretion in admitting the -1- -2- No. 19 grand jury testimony as…