People v. Miranda

197 A.D.2d 407, 602 N.Y.S.2d 372, 1993 N.Y. App. Div. LEXIS 9482

Opinion

—Judgment, Supreme Court, Bronx County (Frank Diaz, J.), rendered March 25, 1992, convicting defendant, after a jury trial, of criminal sale of a controlled substance in the third degree, and sentencing him, as a second felony offender, to a term of 6 to 12 years, unanimously affirmed.

Defendant sought to base a drug sweep defense on a portion of the arresting officer’s grand jury testimony. The court properly made an in camera inquiry of the chief reporter for the prosecutor’s office and, without the aid of cross-examination, determined that the transcript contained a key typographical error, and ruled that defendant could not use the uncorrected line of transcript without a presentation of a rebuttal witness for the People, whom defendant would have the opportunity to cross-examine. Defendant’s contention that his right to confront the chief reporter was violated is without merit. The right of confrontation does not impose an absolute right to cross-examine in camera where, as here, the witness would be available for cross-examination at trial (see, People v Morales, 80 NY2d 450, 454, citing Kentucky v Stincer, 482 US 730, 744).

We have considered the defendant’s remaining argument, and find it to be without merit. Concur—Carro, J. P., Rosenberger, Ross and Asch, JJ.