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PEOPLE v. JERNIGAN

41 A.D.3d 331 (2007)

838 N.Y.S.2d 81

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JERMAINE JERNIGAN, Appellant.

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

Decided June 28, 2007.

Defendant was convicted of brutally and repeatedly slashing his former girlfriend with a razor. When the victim failed to appear for trial, the court conducted a Sirois hearing (see Matter of Holtzman v Hellenbrand, 92 A.D.2d 405 [1983]), where the People proved, by clear and convincing evidence, that defendant's misconduct procured her unavailability for trial (see People v Geraci, 85 N.Y.2d 359

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