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PEOPLE v. TUCK

75 N.Y.2d 778 (1989)

The People of the State of New York, Respondent, v. Rufus Tuck, Appellant.

Court of Appeals of the State of New York.

Decided December 19, 1989.

Attorney(s) appearing for the Case

Edward J. Nowak, Public Defender (James Eckert of counsel), for appellant.

Howard R. Relin, District Attorney (Mary Gehl of counsel), for respondent.

Chief Judge WACHTLER and Judges SIMONS, KAYE, ALEXANDER, TITONE, HANCOCK, JR., and BELLACOSA concur.

MEMORANDUM.

The order of the Appellate Division should be affirmed.

Appellant's contention is that his right to confrontation was violated by the trial court's allowing an unsworn seven-year-old prosecution witness to sit at a table facing the jury, and turned away from appellant (see, Coy v Iowa, 487 U.S. 1012). This was done because the witness' testimony was not audible...

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