People v. Kizer

Defendant herein was indicted for the crimes of burglary in the first degree (two counts) and assault in the first degree (two counts), as a result of an incident that occurred on March 5, 1974. The victim, Ray Robertson, testified at a preliminary hearing in the Criminal Court of the City of New York on March 8, 1974. Since the aforesaid witness testified, he died. The District Attorney has notified defense counsel of his intention to offer the testimony of this witness at the trial pursuant to the provisions of CPL 670.10. The defendant has made this motion to preclude the District Attorney…