PEOPLE v. HILTS

No. 202.

13 N.Y.3d 895 (2009)

895 N.Y.S.2d 286

2009 NY Slip Op 9312

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. WILLIAM L. HILTS, Also Known as T and TRUE, Appellant.

Court of Appeals of New York.

Decided December 17, 2009.


Attorney(s) appearing for the Case

Lazer, Aptheker, Rosella & Yedid, P.C., Melville (David Lazer of counsel), for appellant.

Robert M. Carney, District Attorney, Schenectady (Gerald A. Dwyer of counsel), for respondent.

Chief Judge LIPPMAN and Judges CIPARICK, GRAFFEO, READ, SMITH, PIGOTT and JONES concur.


OPINION OF THE COURT

MEMORANDUM.

The order of the Appellate Division should be affirmed.

After one trial ended in a hung jury, defendant was convicted at a second trial of sale and possession of a controlled substance. The People's main witness at the first trial was a police informant. The informant failed to appear for the second trial, and the People were permitted to introduce his previous testimony, pursuant to CPL 670.10. Defendant argues that...

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