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THE PEOPLE, ETC., RESPONDENT, v. FRANK McCLARIN, APPELLANT.

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.

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PEOPLE v. McCLARIN
(Nov 18, 2002)