People v. DiFabio
| Decision Date | 09 January 1992 |
| Parties | , 588 N.E.2d 80 The PEOPLE of the State of New York, Respondent, v. Anthony DiFABIO, Appellant. |
| Court | New York Court of Appeals Court of Appeals |
The order of the Appellate Division should be affirmed. 170 A.D.2d 1028, 566 N.Y.S.2d 172.
The trial court's child witness competency determination during the Grand Jury proceedings was proper, inasmuch as that participation was not precluded by the Criminal Procedure Law (see, CPL 190.30[6]; 190.25[6]. Moreover, our interpretation of CPL 190.30(6) in People v. Groff, 71 N.Y.2d 101, 104, 524 N.Y.S.2d 13, 518 N.E.2d 908 [] does not require a different result, because that interpretation defined the scope of the prosecutor's responsibilities. It did not curtail the trial court's power to participate in Grand Jury proceedings.
Finally, any error that may have resulted when the courts below permitted the victim's mother to recount statements made by the victim while asleep was clearly harmless, given the other overwhelming evidence of defendant's guilt.
On review of submissions pursuant to section 500.4 of the Rules of the Court of Appeals (22 NYCRR 500.4), order affirmed in a memorandum.
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People v. Thomas
...67). IV The case of People v. DiFabio, 131 Misc.2d 1072, 502 N.Y.S.2d 323, affd 170 A.D.2d 1028, 566 N.Y.S.2d 172, affd 79 N.Y.2d 836, 580 N.Y.S.2d 182, 588 N.E.2d 80, relied on by the Supreme Court and the defendant, is, in our view, inapposite. In People v. DiFabio, 79 N.Y.2d 836, 580 N.Y......
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People v. Thomas
...Grand Jury and deprives defendants of the opportunity to make statements without fear of undue prejudice. In People v. DiFabio, 79 N.Y.2d 836, 580 N.Y.S.2d 182, 588 N.E.2d 80, the Court of Appeals held that it was within the trial court's power to determine whether a child witness could tes......
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People v. Galens
...physical condition at the time his statements were made ( see generally People v. DiFabio, 170 A.D.2d 1028, 1029, 566 N.Y.S.2d 172,affd.79 N.Y.2d 836, 580 N.Y.S.2d 182, 588 N.E.2d 80). In any event, even assuming, arguendo, that the testimony at issue constituted inadmissible hearsay, the s......
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People v. Webb
... ... It was also proper for the District Attorney to determine in the first instance that the witness was competent to testify. People v. Groff, 71 N.Y.2d 101, 524 N.Y.S.2d 13, 518 N.E.2d 908 (1987); People v. DiFabio, 79 N.Y.2d 836, 580 N.Y.S.2d 182, 588 N.E.2d 80 (1992) ... No reported cases in New York State deal with the competence of testimony through facilitated communication in the Grand Jury context. Two cases, Department of Social Services o/b/o J.S. v. Mr. & Ms. S., 156 Misc.2d 393, ... ...