Opinion
September 26, 1995
Appeal from the Supreme Court, New York County, Allen Alpert, J., Bruce Allen, J.
The unavailability of two witnesses who had testified against defendant at his first trial was established by proof adequate to show that they had moved to unknown addresses in foreign countries, and, accordingly, that prior testimony was properly received into evidence (CPL 670.10; Mancusi v Stubbs, 408 U.S. 204; People v Tumerman, 133 A.D.2d 714, lv denied 70 N.Y.2d 938, cert denied 485 U.S. 969). There is no merit to defendant's claim that such testimony, given at a prior trial of the same charge and subjected to full cross-examination ( 196 A.D.2d 462, lv denied 82 N.Y.2d 904), is unreliable ( see, People v Arroyo, 54 N.Y.2d 567, cert denied 456 U.S. 979).
Concur — Sullivan, J.P., Ellerin, Kupferman, Ross and Tom, JJ.