People v. Watson
| Decision Date | 31 January 2005 |
| Docket Number | 2002-04657. |
| Citation | 14 A.D.3d 721,2005 NY Slip Op 00595,789 N.Y.S.2d 238 |
| Parties | THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. CLEON WATSON, Appellant. |
| Court | New York Supreme Court — Appellate Division |
Ordered that the judgment is affirmed.
The Supreme Court properly denied the defendant's request to introduce the grand jury testimony of a witness who had since become unavailable to testify at trial. Evidence of this type "must be admitted when it is material, exculpatory and has sufficient indicia of reliability" (People v Stultz, 2 NY3d 277, 286 [2004]). Although the unavailable witness's testimony did carry sufficient indicia of reliability (see People v Robinson, 89 NY2d 648, 656-657 [1997]; People v Arce, 309 AD2d 1191, 1192 [2003]), it was nevertheless properly excluded by the trial court because, even if believed, it was neither material nor exculpatory (see People v Robinson, supra at 654-655; People v Douglas, 304 AD2d 458, 459 [2003]).
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