Legal Opinion

People v. Ayala

New York Court of Appeals

Decided February 13, 1990PublishedCited by 91 opinions

1Opinion of the Court

*425OPINION OF THE COURT

Titone, J.

Defendant was convicted of murdering one James McKinley and attempting a criminal assault against one Thomas Barrett. The charges arose as a result of defendant’s participation in a violent melee, which grew out of an earlier confrontation between defendant and the two victims. The present appeal requires us to consider whether the Wade hearing testimony of an eyewitness who has since become unavailable is admissible at trial under the statutory exception to the rule against hearsay that is contained in CPL 670.10. A further problem is presented because of the…

2Cases cited19 opinions

  1. Chapman v. CaliforniaSupreme Court of the United States · 1967
  2. People v. CrimminsNew York Court of Appeals · 1975
  3. Ohio v. RobertsSupreme Court of the United States · 1980
  4. Barber v. PageSupreme Court of the United States · 1968
  5. Fahy v. ConnecticutSupreme Court of the United States · 1963

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

3Cited by91 opinions

  1. People v. ChippNew York Court of Appeals · 1990
  2. Richard Cotto v. Victor Herbert, Warden, Attica Correctional FacilityCourt of Appeals for the Second Circuit · 2003
  3. People v. GeraciNew York Court of Appeals · 1995
  4. People v. KelloNew York Court of Appeals · 2001
  5. People v. BuieNew York Court of Appeals · 1995

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

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