PEOPLE v. GERACI


85 N.Y.2d 359 (1995)

649 N.E.2d 817

625 N.Y.S.2d 469

The People of the State of New York, Respondent, v. Sammy Geraci, Appellant.

Court of Appeals of the State of New York.

Decided March 28, 1995.


Attorney(s) appearing for the Case

Flamhaft Levy Kamins & Hirsch, Brooklyn (Harold L. Levy and Barry Kamins of counsel), for appellant.

Charles J. Hynes, District Attorney of Kings County, Brooklyn (Roseann B. MacKechnie and Jane S. Meyers of counsel), for respondent.

Chief Judge KAYE and Judges SIMONS, BELLACOSA, SMITH, LEVINE and CIPARICK concur.


TITONE, J.

Defendant was convicted of first degree manslaughter and two counts of first degree assault, primarily on the basis of an eyewitness's Grand Jury testimony, which was admitted over vigorous defense objection. Although the witness had initially come forward and accused defendant, the witness subsequently left the State and refused to give trial testimony consistent with his earlier story. The issue...

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