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PEOPLE v. TAPIA

No. 19.

33 N.Y.3d 257 (2019)

124 N.E.3d 210

100 N.Y.S.3d 660

2019 NY Slip Op 02442

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. CARLOS TAPIA, Appellant.

Court of Appeals of New York.

Decided April 2, 2019.

Attorney(s) appearing for the Case

Orrick, Herrington & Sutcliffe LLP, New York City ( Daniel A. Rubens of counsel), and Christina A. Swarns , Office of the Appellate Defender, New York City ( Eunice C. Lee of counsel), for appellant.

Darcel D. Clark , District Attorney, Bronx ( James J. Wen , Nancy D. Killian and Matthew B. White of counsel), for respondent.

OPINION OF THE COURT

The issue presented in this appeal is whether a portion of a testifying witness's prior grand jury testimony was properly admitted as a past recollection recorded to supplement his trial testimony. We hold that the trial court did not abuse its...

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