Legal Opinion
People v. Diaz
New York Court of Appeals
Decided November 20, 2001PublishedCited by 18 opinions
1Opinion of the Court
*112OPINION OF THE COURT
Rosenblatt, J.
CPL 670.10 authorizes a trial court to allow into evidence the testimony of a witness given at a prior trial if the witness is outside the state and cannot with due diligence be brought before the court. In the appeal before us, we must determine whether the People met this due diligence standard.
After three mistrials (two of which resulted in hung juries), defendant was convicted of robbery in the second degree (see, Penal Law § 160.10 [2] [b]). The only prosecution witness who could identify defendant as the assailant was the victim, Oscar Leal. Immediately…
2Cases cited11 opinions
- People v. McRayNew York Court of Appeals · 1980
- People v. ClaytonAppellate Division of the Supreme Court of the State of New York · 1973
- People v. GeraciNew York Court of Appeals · 1995
- People v. ArroyoNew York Court of Appeals · 1982
- People v. SimmonsNew York Court of Appeals · 1975
6 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- People v. SavinonNew York Court of Appeals · 2003
- People v. RiveraAppellate Division of the Supreme Court of the State of New York · 2015
- People v. McDuffieAppellate Division of the Supreme Court of the State of New York · 2007
- People v. GriceAppellate Division of the Supreme Court of the State of New York · 2011
- People v. SantosAppellate Division of the Supreme Court of the State of New York · 2013
13 more not listed; retrieve them via the Exa API.