People v. Ayala
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
OPINION OF THE COURT
Spatt, J.
In this case, we are called upon to determine whether testimony given at a suppression hearing may, pursuant to CPL 670.10, be received into evidence at a subsequent proceeding when the witness has become unavailable. We hold that suppression hearing testimony is not "testimony given by a witness at * * * a trial of an accusatory instrument” within the meaning of CPL 670.10 and, therefore, that it was error for the trial court to admit such testimony in this case. This case also presents the issue of the admissibility of the postarrest statements of two separately…
2Cases cited42 opinions
- Bruton v. United StatesSupreme Court of the United States · 1968
- People v. CrimminsNew York Court of Appeals · 1975
- Ohio v. RobertsSupreme Court of the United States · 1980
- Richardson v. MarshSupreme Court of the United States · 1987
- People v. De BourNew York Court of Appeals · 1976
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3Cited by24 opinions
- Richard Cotto v. Victor Herbert, Warden, Attica Correctional FacilityCourt of Appeals for the Second Circuit · 2003
- People v. KernAppellate Division of the Supreme Court of the State of New York · 1989
- People v. SheehanAppellate Division of the Supreme Court of the State of New York · 2013
- People v. BilalAppellate Division of the Supreme Court of the State of New York · 2010
- People v. Van JohnsonAppellate Division of the Supreme Court of the State of New York · 1990
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