People v. Nunez

• Decision Date: 01 March 1999
• Citation: 259 A.D.2d 502,684 N.Y.S.2d 888
• Court: New York Supreme Court — Appellate Division
• Parties: THE PEOPLE OF THE STATE OF NEW YORK, Respondent,<BR>v.<BR>RIGO NUNEZ, Appellant.

259 A.D.2d 502

684 N.Y.S.2d 888

THE PEOPLE OF THE STATE OF NEW YORK, Respondent,

v.RIGO NUNEZ, Appellant.

Decided March 1, 1999.

Miller, J. P., Thompson, Friedmann and Florio, JJ., concur.

Ordered that the judgment is affirmed.

"[T]he cumulative evidence and the inferences that logically flow therefrom were sufficient to support [the trial court's] determination * * * under the clear and convincing evidence standard, that defendant either was responsible for or had acquiesced in the conduct that rendered [the witness] unavailable for trial" (People v Geraci, 85 NY2d 359, 370; see also, People v Cotto, 92 NY2d 68; People v Major, 251 AD2d 999; cf., People v Johnson, 250 AD2d 922). Accordingly, the trial court properly allowed the use of the witness's taped interview with an Assistant District Attorney as part of the People's direct case.