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People v. Green

78 N.Y.2d 1029
CourtNew York Court of Appeals
DecidedOctober 15, 1991
StatusPublished
Cited by18 cases

This text of 78 N.Y.2d 1029 (People v. Green) is published on Counsel Stack Legal Research, covering New York Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
People v. Green, 78 N.Y.2d 1029 (N.Y. 1991).

Opinions

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be reversed and a new trial ordered.

The Grand Jury testimony of an eyewitness to the crime, which identified defendant as one of the perpetrators, did not fall within the classes of prior testimony rendered admissible in criminal proceedings by CPL 670.10. Inasmuch as the statute’s "three carefully worded and enumerated exceptions” are exclusive (People v Harding, 37 NY2d 130, 134; see, People v Ayala, 75 NY2d 422, 429), the trial court erred in allowing the witness’ prior testimony to be admitted as evidence-in-chief against the defendant. Under the circumstances of this case, in which identification was the central issue, we cannot conclude that the error was harmless.

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Bluebook (online)
78 N.Y.2d 1029, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-green-ny-1991.