(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.
Sargeant CB testified that he was driving Lieutenant C to the police station at 3:30 am when he witnessed the defendant body slam the defendant and drag him between 2 parked cars. Lieutenant C separated the men, and the other Officer B, pursued the man that was running away.