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PEOPLE v. JOHNSON

93 N.Y.2d 254 (1999)

711 N.E.2d 967

689 N.Y.S.2d 689

THE PEOPLE OF THE STATE OF NEW YORK, Appellant, v. WILLIAM W. JOHNSON, Respondent.

Court of Appeals of the State of New York.

Decided May 4, 1999.

Attorney(s) appearing for the Case

George M. Dentes, District Attorney of Tompkins County, Ithaca, for appellant.

D.J. & J.A. Cirando, Syracuse (John A. Cirando, Ivette Iza Zenner and Lisa M. Cirando of counsel), for respondent.

Chief Judge KAYE and Judges BELLACOSA, SMITH, LEVINE, WESLEY and ROSENBLATT concur.

OPINION OF THE COURT

CIPARICK, J.

In People v Geraci (85 N.Y.2d 359) we held that, in order to overcome a defendant's constitutional right to confront and cross-examine accusers by allowing into evidence an unavailable witness's hearsay statements, the People must prove by clear and convincing evidence that the defendant's misconduct procured that witness's unavailability...

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