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PEOPLE v. EVANS

5356, 6065/08.

157 A.D.3d 433 (2018)

66 N.Y.S.3d 119

2018 NY Slip Op 00037

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ANDRE EVANS, Appellant.

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

Decided January 2, 2018.

The record supports the court's finding that a witness's unavailability to testify at trial "was procured by misconduct on the part of ... defendant" (People v Geraci, 85 N.Y.2d 359, 366 [1995]), and therefore that the witness's grand jury testimony could be introduced at trial. Evidence that the witness, who testified at the grand jury proceeding related to another defendant, was very reluctant to testify "in public" even

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