People v. Robinson

—Judgment unanimously reversed on the law, new trial granted on count two of indictment and count one of indictment dismissed without prejudice to the People to re-present any appropriate charges under count one of indictment to another Grand Jury. Memorandum: County Court erred in denying defendant’s motion to admit the Grand Jury testimony of a defense witness who was not available to testify at trial. A defendant has the constitutional right to introduce the prior testimony of an unavailable witness at trial if he establishes that (1) the evidence bears sufficient indicia of reliability,…