New York Court of Appeals

The People of the State of New York, Respondent v. Sammy Geraci, Appellant

March 28, 199585 N.Y.2d 359

Summary

The Court affirmed the conviction, holding that the People proved by clear and convincing evidence that defendant procured the unavailability of the key witness, thereby permitting admission of the witness’s Grand Jury testimony. The Court also affirmed that clear and convincing evidence is the proper standard for this exception in New York.