Published on:

People v T

NY Slip Op 02442

The issue addressed here is whether a part of witness testimony was properly admitted as past recollection recorded, to supplement trial testimony. This court held that the trial court made a proper determination in admitting grand jury testimony, as part of past recollection recorded, which was the proper foundation receipt of evidence. Additionally,  because the statement was made out of court and the witness was at the trial, the 6th Amendment right to confrontation wasn’t violated.

Published on:

People v O.X.

The court held that the Appellate Order should be affirmed in this case. The question of this case is whether a 4th amendment consent to search a premises is a question of law or fact (People v. McFarlane 21 NY 3d 1034). The court said that the voluntariness of the consent in this instance is up for dispute. Although the court’s power to review the affirmed findings of fact are limited. The findings of the trial court are supported by the record (People v Morales 42 NY2d 129, 138 [1977]).

Judge Rivera stated that there was a home visit by law enforcement for the purposes of making a warrantless arrest. It is not justified by another exception of the warrant requirement.