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PEOPLE v. TATUM

35 A.D.3d 511 (2006)

824 N.Y.S.2d 718

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. CHRISTOPHER TATUM, Appellant.

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

Decided December 5, 2006.

Ordered that the judgment is affirmed.

After conducting a Geraci/Sirois hearing (see People v Geraci, 85 N.Y.2d 359 [1995]; Matter of Holtzman v Hellenbrand, 92 A.D.2d 405 [1983]), the trial court correctly determined that a previously cooperative eyewitness had been rendered unavailable due to threats made by the defendant's brother, at the defendant's initiative or acquiescence...

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