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People v. Hayes

Appellate Division of the Supreme Court of New York, Fourth Department
Oct 7, 1992
186 A.D.2d 1044 (N.Y. App. Div. 1992)

Opinion

October 7, 1992

Appeal from the Erie County Court, D'Amico, J.

Present — Green, J.P., Lawton, Boehm, Fallon and Davis, JJ.


Judgment unanimously affirmed. Memorandum: County Court properly exercised its discretion in admitting into evidence the prior sworn statements of a prosecution witness as past recollection recorded (see, People v Dillenbeck, 115 A.D.2d 331; People v Raja, 77 A.D.2d 322, 325-326). We conclude that defendant's conviction of murder in the second degree was based upon legally sufficient evidence and was not against the weight of the evidence (see, People v Bleakley, 69 N.Y.2d 490, 495).

We have reviewed defendant's remaining contention and find it to be without merit.


Summaries of

People v. Hayes

Appellate Division of the Supreme Court of New York, Fourth Department
Oct 7, 1992
186 A.D.2d 1044 (N.Y. App. Div. 1992)
Case details for

People v. Hayes

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. WILLIAM J. HAYES…

Court:Appellate Division of the Supreme Court of New York, Fourth Department

Date published: Oct 7, 1992

Citations

186 A.D.2d 1044 (N.Y. App. Div. 1992)

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