PEOPLE v. NUNEZ


259 A.D.2d 502 (1999)

684 N.Y.S.2d 888

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. RIGO NUNEZ, Appellant.

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

Decided March 1, 1999.


Ordered that the judgment is affirmed.

"[T]he cumulative evidence and the inferences that logically flow therefrom were sufficient to support [the trial court's] determination * * * under the clear and convincing evidence standard, that defendant either was responsible for or had acquiesced in the conduct that rendered [the witness] unavailable for trial" (People v Geraci, 85 N.Y.2d 359, 370; see also, People v Cotto,...

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