Opinion
2002-07173.
Decided March 8, 2004.
Appeal by the defendant from a judgment of the Supreme Court, Kings County (Gerges, J.), rendered July 23, 2002, convicting him of murder in the second degree and reckless endangerment in the first degree, upon a jury verdict, and imposing sentence.
Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Adam S. Charnoff of counsel), for respondent.
Lynn W.L. Fahey, New York, N.Y. (Barry Stendig of counsel), for appellant.
Before: DAVID S. RITTER, J.P., GLORIA GOLDSTEIN, STEPHEN G. CRANE, REINALDO E. RIVERA, JJ.
DECISION ORDER
ORDERED that the judgment is affirmed.
The requisite link between the witness's unavailability to testify and the defendant's misconduct was established by clear and convincing evidence ( see People v. Cotto, 92 N.Y.2d 68, 76-77; People v. Geraci, 85 N.Y.2d 359, 369-370, cert denied sub nom, Geraci v. Senkowski, 531 U.S. 1018; cf. People v. Hamilton, 70 N.Y.2d 987; People v. Johns, 297 A.D.2d 645; People v. Perkins, 289 A.D.2d 940, 941). Consequently, the Supreme Court properly admitted the witness's grand jury testimony and sworn statement into evidence.
The defendant's remaining contentions are without merit.
RITTER, J.P., GOLDSTEIN, CRANE and RIVERA, JJ., concur.