People v. Johnson

Judgment unanimously reversed, on the law, and new trial granted. Memorandum: Defendant appeals from a judgment of Jefferson County Court entered March 14, 1975 following a jury trial convicting defendant of attempted assault, second degree. At the trial the People, over objection, were permitted to read into evidence the Grand Jury testimony of one, George Lawton, whose trial presence was unavailable. Circumstances under which prior testimony of an unavailable witness may be introduced at a trial in a criminal case are specified in CPL 670.10. Under subdivision 1 of that section it is…