PEOPLE v. ROBINSON


89 N.Y.2d 648 (1997)

679 N.E.2d 1055

657 N.Y.S.2d 575

The People of the State of New York, Appellant, v. Jody Robinson, Respondent.

Court of Appeals of the State of New York.

Decided March 27, 1997.


Attorney(s) appearing for the Case

Howard R. Relin, District Attorney of Monroe County, Rochester (Loretta S. Courtney of counsel), for appellant.

Edward J. Nowak, Public Defender of Monroe County, Rochester (James Eckert of counsel), for respondent.

Chief Judge KAYE and Judges TITONE, BELLACOSA, LEVINE, CIPARICK and WESLEY concur.


SMITH, J.

The primary issue in this case is whether a defendant's constitutional right to due process requires the admission of hearsay evidence consisting of Grand Jury testimony when the declarant has become unavailable to testify at trial. Under the circumstances of this case, where the hearsay testimony is material, exculpatory and has sufficient indicia of reliability, we hold that the trial court's failure...

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