Legal Opinion
People v. Johnson
New York Court of Appeals
Decided May 4, 1999PublishedCited by 22 opinions
1Opinion of the Court
OPINION OF THE COURT
Ciparick, J.
In People v Geraci (85 NY2d 359) we held that, in order to overcome a defendant’s constitutional right to confront and cross-examine accusers by allowing into evidence an unavailable witness’s hearsay statements, the People must prove by clear and convincing evidence that the defendant’s misconduct procured that witness’s unavailability. This appeal tests whether, under the circumstances here, the trial court properly dispensed with a hearing before such evidence was admitted.
The case involves a relationship between defendant, then a 52-year-old pastor, and a…
2Cases cited5 opinions
- Johnson v. ZerbstSupreme Court of the United States · 1938
- People v. GeraciNew York Court of Appeals · 1995
- People v. CottoNew York Court of Appeals · 1998
- Holtzman v. HellenbrandAppellate Division of the Supreme Court of the State of New York · 1983
- Reed v. . McCordNew York Court of Appeals · 1899
3Cited by22 opinions
- People v. EncarnacionAppellate Division of the Supreme Court of the State of New York · 2011
- Grayton v. ErcoleCourt of Appeals for the Second Circuit · 2012
- People v. CruzAppellate Division of the Supreme Court of the State of New York · 2007
- People v. SwartAppellate Division of the Supreme Court of the State of New York · 2000
- People v. MooreAppellate Division of the Supreme Court of the State of New York · 2011
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