Legal Opinion

People v. Cotto

New York Court of Appeals

Decided July 1, 1998PublishedCited by 128 opinions

1Opinion of the Court

*72OPINION OF THE COURT

Chief Judge Kaye.

Whenever the People allege specific facts which demonstrate a “distinct possibility” that a criminal defendant has engaged in witness tampering, the court must grant a Sirois hearing to test the validity of that claim (see, Matter of Holtzman v Hellenbrand, 92 AD2d 405, 415; see also, People v Geraci, 85 NY2d 359). Defendant challenges his conviction for second degree murder and related crimes primarily on the ground that the trial court’s ruling after a Sirois hearing was flawed in several *73respects. Perceiving no error warranting a new trial, we affirm…

2Cases cited9 opinions

  1. People v. EdwardsNew York Court of Appeals · 1979
  2. United States v. David Thai, Lan Ngoc Tran, Minh Do, Jimmy Nguyen, Hoang Huy Ngo, Quang Van Nguyen, and Lv Hong, A/K/A "l.v. Hong"Court of Appeals for the Second Circuit · 1994
  3. People v. VasquezNew York Court of Appeals · 1996
  4. People v. GeraciNew York Court of Appeals · 1995
  5. People v. BrownNew York Court of Appeals · 1987

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

3Cited by128 opinions

  1. Richard Cotto v. Victor Herbert, Warden, Attica Correctional FacilityCourt of Appeals for the Second Circuit · 2003
  2. People v. JohnsonNew York Court of Appeals · 2003
  3. Sammy Geraci v. Daniel Senkowski, Supt.Court of Appeals for the Second Circuit · 2000
  4. Marcus Mungo v. George DuncanCourt of Appeals for the Second Circuit · 2004
  5. People v. MoscatCriminal Court of the City of New York · 2004

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

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