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PEOPLE, res, v. MALIK BRYSON, def-ap

8822. PEOPLE, res, v. MALIK BRYSON, def-ap — Deron Castro, Forest Hills (Patrick Michael Megaro and John S. Campo of counsel), for ap — Robert T. Johnson, District Attorney, Bronx (Christopher J. Blira-Koessler of counsel), for res — Judgment, Supreme Court, Bronx County (Michael A. Gross, J.), rendered December 16, 2008, convicting defendant, after a jury trial, of criminal possession of a weapon in the third degree, and sentencing him to a term of seven years, unanimously affirmed.

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8822. PEOPLE, res, v. MALIK BRYSON, def-ap — Deron Castro, Forest Hills (Patrick Michael Megaro and John S. Campo of counsel), for ap — Robert T. Johnson, District Attorney, Bronx (Christopher J. Blira-Koessler of counsel), for res — Judgment, Supreme Court, Bronx County (Michael A. Gross, J.), rendered December 16, 2008, convicting defendant, after a jury trial, of criminal possession of a weapon in the third degree, and sentencing him to a term of seven years, unanimously affirmed.

At a Sirois hearing (Matter of Holtzman v. Hellenbrand, 92 AD2d 405 [1983]), the People established, by clear and convincing evidence, that defendant caused a witness’s unavailability by making threats. Accordingly, defendant forfeited his right to confront this witness, whose grand jury testimony was properly received in evidence (see People v. Cotto, 92 NY2d 68 [1998]; People v. Geraci, 85 NY2d 359 [1995]). There was ample proof of the identities of the participants in recorded phone conversations. To the extent that defendant’s threats to the witness were implied threats, the implication was unmistakable. Furthermore, it can be readily inferred that the witness’s failure to testify was caused by the threats.

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