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PEOPLE v. DIAZ

97 N.Y.2d 109 (2001)

761 N.E.2d 577

735 N.Y.S.2d 885

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. CARLOS DIAZ, Also Known as FULTON GUEVARA, Appellant.

Court of Appeals of the State of New York.

Decided November 20, 2001.

Attorney(s) appearing for the Case

Lynn W. L. Fahey, New York City, for appellant.

Richard A. Brown, District Attorney of Queens County, Kew Gardens (James A. Dolan and John M. Castellano of counsel), for respondent.

Chief Judge KAYE and Judges SMITH and CIPARICK concur with Judge ROSENBLATT; Judge WESLEY dissents and votes to affirm in a separate opinion in which Judges LEVINE and GRAFFEO concur.

OPINION OF THE COURT

ROSENBLATT, J.

CPL 670.10 authorizes a trial court to allow into evidence the testimony of a witness given at a prior trial if the witness is outside the state and cannot with due diligence be brought before the court. In the appeal before us, we must determine whether the People met this due diligence standard.

After three mistrials (two of which resulted in hung juries), defendant...

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