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PEOPLE v. BYRD

51 A.D.3d 267 (2008)

855 N.Y.S.2d 505

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JIMMY BYRD, Appellant.

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

April 15, 2008.

Attorney(s) appearing for the Case

Daniel Crupain, New York City, for appellant.

Robert M. Morgenthau, District Attorney, New York City (Eric Rosen and Gina Mignola of counsel), for respondent.

LIPPMAN, P.J., SAXE, NARDELLI and WILLIAMS, JJ., concur.

OPINION OF THE COURT

MOSKOWITZ, J.

The primary issue on this appeal is whether it was error for the trial judge to admit the complainant's grand jury testimony after determining that the complainant was unavailable to testify at trial because of battered person syndrome. For the reasons that follow, we find no error.

Defendant Jimmy Byrd and Jill J. lived together from late 1991 until defendant's arrest...

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