PEOPLE v. SMART

No. 67.

23 N.Y.3d 213 (2014)

12 N.E.3d 1061

989 N.Y.S.2d 631

2014 NY Slip Op 2972

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. FLOYD L. SMART, Appellant.

Court of Appeals of New York.

Decided May 1, 2014.


Attorney(s) appearing for the Case

Mark D. Funk , Rochester, for appellant.

Sandra Doorley , District Attorney, Rochester ( Matthew Dunham of counsel), for respondent.


OPINION OF THE COURT

ABDUS-SALAAM, J.

We hold that the record supports the findings of the courts below that defendant procured a witness's unavailability by wrongdoing and thereby forfeited his constitutional entitlement to the exclusion of the witness's grand jury testimony at trial.

On the evening of October 3, 2008, defendant Floyd L. Smart, his associate Robert Verstreate and his girlfriend, whom we...

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