Appellate Division of the Supreme Court of New York, 2005

People v. Watson

Appellate Division of the Supreme Court of New York · Decided January 31, 2005

14 A.D.3d 721; 789 N.Y.S.2d 238; 2005 N.Y. App. Div. LEXIS 754

Cases that cite this one

3 later published cases cite this decision.

People v. Johnson (Appellate Division of the Supreme Court of New York 2021)
People v. Richard (Appellate Division of the Supreme Court of New York 2006)
People v. Watson (Appellate Division of the Supreme Court of New York 2006)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

*722Appeal by the defendant from a judgment of the Supreme Court, Kings County (Marrus, J.), rendered May 2, 2002, convicting him of murder in the second degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

The Supreme Court properly denied the defendant’s request to introduce the grand jury testimony of a witness who had since become unavailable to testify at trial. Evidence of this type “must be admitted when it is material, exculpatory and has sufficient indicia of reliability” (People v Stultz, 2 NY3d 277, 286 [2004]). Although the unavailable witness’s testimony did carry sufficient indicia of reliability (see People v Robinson, 89 NY2d 648, 656-657 [1997]; People v Arce, 309 AD2d 1191, 1192 [2003]), it was nevertheless properly excluded by the trial court because, even if believed, it was neither material nor exculpatory (see People v Robinson, supra at 654-655; People v Douglas, 304 AD2d 458, 459 [2003]). Krausman, J.P., Mastro, Spolzino and Fisher, JJ., concur.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.