Legal Opinion

People v. McClarin

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

Decided November 18, 2002PublishedCited by 2 opinions

1Opinion of the Court

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Bárbaro, J.), rendered February 14, 2000, convicting him of robbery in the second degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

Contrary to the defendant’s contention, the evidence presented at the Sirois hearing (see Matter of Holtzman v Hellenbrand, 92 AD2d 405, 415) was sufficient to support the Supreme Court’s determination, under the clear and convincing evidence standard, that the defendant’s misconduct caused the complainant to alter his trial testimony (see People v…

2Cases cited5 opinions

  1. People v. GeraciNew York Court of Appeals · 1995
  2. People v. CottoNew York Court of Appeals · 1998
  3. Holtzman v. HellenbrandAppellate Division of the Supreme Court of the State of New York · 1983
  4. People v. HamiltonNew York Court of Appeals · 1988
  5. People v. OgeAppellate Division of the Supreme Court of the State of New York · 2001

3Cited by2 opinions

  1. People v. RomanAppellate Division of the Supreme Court of the State of New York · 2005
  2. People v. DrummondAppellate Division of the Supreme Court of the State of New York · 2008

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