People v. Tatum

Dec 5, 2006
Versions:35 A.D.3d 511
824 N.Y.S.2d 718

Ordered that the judgment is affirmed.

After conducting a Geraci/Sirois hearing (see People v Geraci, 85 NY2d 359 [1995]; Matter of Holtzman v Hellenbrand, 92 AD2d 405 [1983]), the trial court correctly determined that a previously cooperative eyewitness had been rendered unavailable due to threats made by the defendant‘s brother, at the defendant‘s initiative or acquiescence (see People v Cotto, 92 NY2d 68 [1998]; People v Geraci, supra).

Moreover, the court correctly declined the defendant‘s request to submit manslaughter in the first degree as a lesser-included offense of intentional murder (see People v Seabrooks, 27 AD3d 494 [2006]; People v Moreno, 16 AD3d 438 [2005]). Prudenti, P.J., Mastro, Fisher and Lunn, JJ., concur.