What is the test for making a witness available for trial in a grand jury case?
"New York", United States of America
The following excerpt is from People v. Dubarry, 2015 N.Y. Slip Op. 02865, 25 N.Y.3d 161, 31 N.E.3d 86, 8 N.Y.S.3d 624 (N.Y. 2015):
Grand jury testimony of an unavailable witness is not admissible as direct evidence against the defendant unless the defendant caused the witness's unavailability through violence, threats or chicanery, thereby precluding the defendant from asserting a violation of his right of confrontation (People v. Cotto, 92 N.Y.2d 68, 7576, 677 N.Y.S.2d 35, 699 N.E.2d 394 [1998], citing
[25 N.Y.3d 181]
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