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PEOPLE v. COTTO

92 N.Y.2d 68 (1998)

699 N.E.2d 394

677 N.Y.S.2d 35

The People of the State of New York, Respondent, v. Richard Cotto, Appellant.

Court of Appeals of the State of New York.

Decided July 1, 1998.

Attorney(s) appearing for the Case

Carro, Velez, Carro & Mitchell, L. L. P., New York City (John Carro of counsel), for appellant.

Robert M. Morgenthau, District Attorney of New York County, New York City (Donna Krone and Robert M. Raciti of counsel), for respondent.

Judges BELLACOSA, LEVINE, CIPARICK and WESLEY concur with Chief Judge KAYE; Judge SMITH dissents and votes to reverse in a separate opinion in which Judge TITONE concurs.

Chief Judge KAYE.

Whenever the People allege specific facts which demonstrate a "distinct possibility" that a criminal defendant has engaged in witness tampering, the court must grant a Sirois hearing to test the validity of that claim (see, Matter of Holtzman v Hellenbrand, 92 A.D.2d 405, 415; see also, People v Geraci, 85...

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