Legal Opinion
People v. Phan
New York Supreme Court
Decided November 1, 1990PublishedCited by 6 opinions
1Opinion of the Court
OPINION OF THE COURT
Harold Fertig, J.
In People v Gonzalez (54 NY2d 729), the Court of Appeals explicitly held that Grand Jury testimony of a witness who *436was unavailable at the time of the trial was "excludable as hearsay evidence” (People v Gonzalez, supra, at 730) and not admissible under the statutory exceptions to the hearsay rule as codified in CPL 670.10. However, the court left open the question of whether, despite the hearsay character of such evidence, a defendant has a constitutional due process right to introduce such testimony (People v Gonzalez, supra, at 730; Chambers v…
2Cases cited14 opinions
- United States v. AgursSupreme Court of the United States · 1976
- Chambers v. MississippiSupreme Court of the United States · 1973
- Ohio v. RobertsSupreme Court of the United States · 1980
- California v. GreenSupreme Court of the United States · 1970
- Washington v. TexasSupreme Court of the United States · 1967
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3Cited by6 opinions
- Lyons v. JohnsonDistrict Court, S.D. New York · 1996
- People v. PhanAppellate Division of the Supreme Court of the State of New York · 1994
- People v. GuerrieroAppellate Division of the Supreme Court of the State of New York · 1995
- Phan v. GreinerDistrict Court, E.D. New York · 2001
- People v. BrownNew York Supreme Court · 1995
1 more not listed; retrieve them via the Exa API.