PEOPLE v. FOLK

9512, 5863/11.

173 A.D.3d 403 (2019)

103 N.Y.S.3d 38

2019 NY Slip Op 04321

The People of the State of New York, Respondent, v. Troy Folk, Appellant.

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

Decided June 4, 2019.


The People concede that the trial court erred in admitting the grand jury testimony of a witness indicating that defendant fired an errant shot that struck a bystander as defendant and a companion fled from another group following a verbal altercation. Specifically, the People acknowledge that the testimony was not admissible under the past recollection recorded exception to the hearsay rule, because the witness did not testify at trial that the grand jury testimony "correctly...

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