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People v. RoacherPeople v. Roacher

Appellate Division of the Supreme Court of the State of New York
Apr 3, 2007
Reporters:
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Ordered that the judgment is affirmed.

Because the People produced clear and convincing evidence that the defendant procured the unavailability of the codefendant Maurice Gulley through threats of violence, the Supreme Court properly permitted Gulley‘s grand jury testimony to be introduced into evidence at trial (see People v Geraci, 85 NY2d 359, 365 [1995]).

In light of the overwhelming evidence of guilt, which included the defendant‘s written and videotaped statements admitting participation in the robbery during which the victim was killed, the remaining trial errors alleged were harmless beyond a reasonable doubt (see People v Crimmins, 36 NY2d 230 [1975]). Prudenti, P.J., Fisher, Carni and McCarthy, JJ., concur.

Case Details

Case Name: People v. Roacher
Court Name: Appellate Division of the Supreme Court of the State of New York
Date Published: Apr 3, 2007
Citations: 39 A.D.3d 569; 835 N.Y.S.2d 219
Court Abbreviation: N.Y. App. Div.
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