People v. Geraci
| Decision Date | 31 January 1994 |
| Citation | 200 A.D.2d 758,607 N.Y.S.2d 116 |
| Parties | The PEOPLE, etc., Respondent, v. Sammy GERACI, Appellant. |
| Court | New York Supreme Court — Appellate Division |
Flamhaft Levy Kamins & Hirsch, Brooklyn (Harold L. Levy and Barry Kamins, of counsel), for appellant.
Charles J. Hynes, Dist. Atty., Brooklyn (Roseann B. MacKechnie and Anthea H. Bruffee, of counsel), for respondent.
Before MILLER, J.P., and O'BRIEN, RITTER and KRAUSMAN, JJ.
MEMORANDUM BY THE COURT.
Appeal by the defendant from a judgment of the Supreme Court, Kings County (Egitto, J.), rendered April 23, 1992, convicting him of manslaughter in the first degree and assault in the first degree (two counts), upon a jury verdict, and imposing sentence. This appeal brings up for review an order of the same court dated May 27, 1992, which, after a hearing, granted the People's motion to use the Grand Jury testimony of Peter Terranova as direct evidence.
ORDERED that the judgment is affirmed.
Peter Terranova testified before a Grand Jury that on April 20, 1990, he witnessed the defendant fatally stab one victim and then wound a second victim at a nightclub in Brooklyn. Prior to trial, however, Terranova recanted his prior Grand Jury testimony incriminating the defendant.
The hearing court properly ruled, following a hearing, that the People had proved by clear and convincing evidence that the defendant had been responsible for Terranova's recantation, which resulted in that witness's "practical unavailability" (People v. Carpenito, 171 A.D.2d 45, 54, 574 N.Y.S.2d 218, aff'd 80 N.Y.2d 65, 587 N.Y.S.2d 264, 599 N.E.2d 668). Therefore, the trial court properly granted the People's motion to introduce into evidence Terranova's Grand Jury testimony on the People's direct case.
There is ample support in the record for the hearing court's conclusion regarding Terranova's "practical unavailability" to testify at trial. Specifically, the hearing court properly rejected Terranova's claim that he only refused to testify concerning his observations of the stabbings because he feared a perjury charge in connection with his Grand Jury testimony (see, People v. Pappalardo, 152 Misc.2d 364, 576 N.Y.S.2d 1001). Among other evidence supporting the hearing court's findings, Terranova admitted to the police that he was "cooperating" with people who knew who he was and who had shown him his "testimony", and that nothing was going to happen to him as long as he did not testify at trial. Terranova further admitted that those same people were providing him with funds in order for him to remain outside the jurisdiction...
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People v. Geraci
...the meeting between defendant's uncle and Terranova's friend, sufficed to satisfy that "clear and convincing evidence" standard, 200 A.D.2d 758, 607 N.Y.S.2d 116. On this appeal, defendant once again raises the propriety of the People's use of Terranova's Grand Jury testimony as the centerp......
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Geraci v. Senkowski
...Second Department, unanimously affirmed the petitioner's judgment of conviction on January 31, 1994. See People v. Geraci, 200 A.D.2d 758, 607 N.Y.S.2d 116 (2d Dep't 1994). On March 28, 1995, after the petitioner was granted leave to appeal, the Court of Appeals unanimously affirmed the ord......
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Geraci v. Senkowski
...to a total of 13 1/3 to 40 years imprisonment. The judgment was unanimously affirmed by both the Appellate Division, People v. Geraci, 200 A.D.2d 758 (1994), and the New York Court of Appeals, 85 N.Y.2d 359 (1995). The instant petition was filed on February 24, 1998, almost three years afte......
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People v. Velez
...of or at the behest of the defendant (People v. Tuzzio, 201 A.D.2d 595, 608 N.Y.S.2d 226 [2nd Dept.1994]; People v. Geraci, 200 A.D.2d 758, 607 N.Y.S.2d 116 [2nd Dept.1994] *; see, also, e.g., People v. Carpenito, 80 N.Y.2d 65, 68-9, 587 N.Y.S.2d 264, 599 N.E.2d 668, aff'g 171 A.D.2d 45, 57......