Opinion
2000-01690
Argued October 29, 2002.
November 18, 2002.
Appeal by the defendant from a judgment of the Supreme Court, Kings County (Barbaro, J.), rendered February 14, 2000, convicting him of robbery in the second degree, upon a jury verdict, and imposing sentence.
Andrew C. Fine, New York, N.Y. (Karen M. Kalikow of counsel), for appellant.
Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Howard B. Goodman of counsel), for respondent.
Before: NANCY E. SMITH, J.P., WILLIAM D. FRIEDMANN, HOWARD MILLER, BARRY A. COZIER, JJ.
DECISION ORDER
ORDERED that the judgment is affirmed.
Contrary to the defendant's contention, the evidence presented at the Sirois hearing (see Matter of Holtzman v. Hellenbrand, 92 A.D.2d 405, 415) was sufficient to support the Supreme Court's determination, under the clear and convincing evidence standard, that the defendant's misconduct caused the complainant to alter his trial testimony (see People v. Cotto, 92 N.Y.2d 68; People v. Geraci, 85 N.Y.2d 359, 370; cf. People v. Hamilton, 70 N.Y.2d 987; People v. Oge, 287 A.D.2d 469). Accordingly, the Supreme Court properly allowed the prosecution to use the complainant's Grand Jury testimony as part of its direct case.
The defendant's remaining contentions are either unpreserved for appellate review or without merit.
SMITH, J.P., FRIEDMANN, H. MILLER and COZIER, JJ., concur.