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PEOPLE v. SMITH

283 A.D.2d 189 (2001)

724 N.Y.S.2d 598

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. MAURICE SMITH, Appellant.

Appellate Division of the Supreme Court of the State of New York, First Department.

Decided May 3, 2001.

The court properly admitted a prosecution witness's Grand Jury testimony after a thorough hearing at which the People proved by clear and convincing evidence that defendant's misconduct caused the witness's disappearance (see, People v Cotto, 92 N.Y.2d 68, 75-77; People v Geraci, 85 N.Y.2d 359). There is no basis upon which to disturb the court...

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