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PEOPLE v. TURNER

Motion No. M-4725.

143 A.D.3d 566 (2016)

2016 NY Slip Op 06871

39 N.Y.S.3d 439

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. MYRRHELEKI TURNER, Appellant.

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

Decided October 20, 2016.

The court properly permitted the People to introduce an eyewitness's grand jury testimony as evidence-in-chief to establish defendant's guilt, as it was "demonstrate[d] by clear and convincing evidence that the defendant, by violence, threats or chicanery, caused [the] witness's unavailability" (People v Cotto, 92 N.Y.2d 68, 75-76 [1998]; see also People v Geraci, 85 N.Y.2d 359 [1995])....

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