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People v. Hayes

186 A.D.2d 1044 Court N.Y. App. Div. Decision date 1992-10-07 English

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p. 1044
The People of the State of New York, Respondent, v William J. Hayes, Appellant.

— 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

p. 1045
(see, People v Dillenbeck, 115 AD2d 331 ; People v Raja, 77 AD2d 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 NY2d 490 , 495).

We have reviewed defendant’s remaining contention and find it to be without merit. (Appeal from Judgment of Erie County Court, D’Amico, J. — Murder, 2nd Degree.) Present— Green, J. P., Lawton, Boehm, Fallon and Davis, JJ.

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