People v. Tatum

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Tomei, J.), rendered June 12, 2003, convicting him of murder in the second degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

After conducting a Geraci/Sirois hearing (see People v Geraci, 85 NY2d 359 [1995]; Matter of Holtzman v Hellenbrand, 92 AD2d 405 [1983]), the trial court correctly determined that a previously cooperative eyewitness had been rendered unavailable due to threats made by the defendant’s brother, at the defendant’s initiative or acquiescence (see People v…