Majority
p. 1044The 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.
Cases cited
- People v. Dillenbeck 115 AD2d 331 p. 1045
- People v. Raja 77 AD2d 322 at 325-326 p. 1045
- People v. Bleakley 69 NY2d 490 at 495 p. 1045