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PEOPLE v. THOMAS

219 A.D.2d 549 (1995)

632 N.Y.S.2d 1

The People of the State of New York, Respondent, v. John Thomas, Appellant

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

September 26, 1995

The unavailability of two witnesses who had testified against defendant at his first trial was established by proof adequate to show that they had moved to unknown addresses in foreign countries, and, accordingly, that prior testimony was properly received into evidence (CPL 670.10 [1]; Mancusi v Stubbs, 408 U.S. 204; People v Tumerman, 133 A.D.2d 714

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