PEOPLE v. JOHNS


297 A.D.2d 645 (2002)

746 N.Y.S.2d 907

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. MARVIN JOHNS, Also Known as MARVIN JONES, Appellant.

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

Decided September 9, 2002.


Ordered that the judgment is affirmed.

We agree with the defendant's contention that the trial court erred in concluding that a witness was unavailable due to threats allegedly made to her which were linked to the defendant. CPL 670.10 provides, in relevant part, that the previous testimony of a witness may be admitted into evidence at a subsequent trial if the witness "is unable to attend * * * by reason of death, illness or incapacity, or cannot with due diligence...

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