People v. Miller
Cases that cite this one
7 later published cases cite this decision.
- People v. Jackson (Appellate Division of the Supreme Court of New York 2024)
- BUTLER, DASHAWN A., PEOPLE v (Appellate Division of the Supreme Court of New York 2017)
- People v. Butler (Appellate Division of the Supreme Court of New York 2017)
- People v. Butler (Appellate Division of the Supreme Court of New York 2017)
- VERNON, ANDRE, PEOPLE v (Appellate Division of the Supreme Court of New York 2016)
- People v. Vernon (Appellate Division of the Supreme Court of New York 2016)
- People v. Vernon (Appellate Division of the Supreme Court of New York 2016)
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
Appeal from a judgment of the Erie County Court (Michael F. Pietruszka, J.), rendered January 14, 2008. The judgment convicted defendant, upon a jury verdict, of murder in the second degree, criminal possession of a weapon in the second degree and making a punishable false written statement.
It is hereby ordered that the judgment so appealed from is unanimously affirmed.
Memorandum: On appeal from a judgment convicting him of, inter alia, murder in the second degree (Penal Law § 125.25 [1]), defendant contends that County Court erred in admitting in evidence the grand jury testimony and out-of-court statements of two witnesses following a Sirois hearing (see Matter of Holtzman v Hellenbrand, 92 AD2d 405 [1983]). We reject that contention. The People established that the witnesses were unavailable based on the misconduct of individuals acting on defendant’s behalf, with defendant’s acquiescence (see People v Major, 251 AD2d 999 [1998], lv denied 92 NY2d 927 [1998]). Indeed, we further note that the People presented circumstantial evidence that threats made to the witnesses were in fact made at defendant’s request (see People v Washington, 34 AD3d 1193 [2006]). Viewing the evidence in light of the elements of the
Case-law data current through December 31, 2025. Source: CourtListener bulk data.