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PEOPLE v. CASTRO

291 A.D.2d 292 (2002)

737 N.Y.S.2d 605

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. MARIO CASTRO, Appellant.

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

Decided February 19, 2002.

After a thorough hearing, the court properly determined that, through no fault of the People and despite their reasonably diligent efforts to produce him, the confidential informant was unavailable to testify at trial (see, People v Jenkins, 41 N.Y.2d 307). The informant could not be located and, when he spoke to a police sergeant by telephone without revealing his location, he clearly stated that he was unwilling to testify due...

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