PEOPLE v. OJEDA


169 A.D.2d 548 (1991)

The People of the State of New York, Respondent, v. Elviro Ojeda, Also Known as Michael Luciano, Appellant

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

January 22, 1991


Defendant was arrested and charged with the street shooting of Juan Ortiz on November 17, 1984, and does not contest that he shot at Juan Ortiz five times at close range, killing him. Defendant does argue that the prior sworn testimony of a witness taken at an earlier trial was erroneously entered into evidence, on the ground that the People did not use due diligence in securing the witness's presence at trial. The witness had...

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