People v. Combo
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
—Judgment unanimously reversed on the law and new trial granted. Memorandum: Supreme Court erred in admitting at trial the testimony *993of a police officer at a prior proceeding. The officer left the country before the commencement of defendant’s trial because the child that he was adopting was born prematurely. At the time of trial, his location in the country of Turkey was unknown and his date of return was uncertain. Prior testimony from specified previous proceedings may be admitted upon a showing that the witness “cannot with due diligence be found, or is outside the state or in federal…
2Cases cited5 opinions
- People v. CrimminsNew York Court of Appeals · 1975
- People v. ArroyoNew York Court of Appeals · 1982
- People v. BroomeAppellate Division of the Supreme Court of the State of New York · 1995
- People v. CraytonAppellate Division of the Supreme Court of the State of New York · 1994
- People v. MillerAppellate Division of the Supreme Court of the State of New York · 1995
3Cited by5 opinions
- People v. McDuffieAppellate Division of the Supreme Court of the State of New York · 2007
- People v. WhitleyAppellate Division of the Supreme Court of the State of New York · 2010
- People v. ComboAppellate Division of the Supreme Court of the State of New York · 2002
- People v. SaultersAppellate Division of the Supreme Court of the State of New York · 2004
- People v. BluntAppellate Division of the Supreme Court of the State of New York · 2019