The People of the State of New York v. Floyd L. Smart

Summary

The Court affirmed the admission of the witness’s grand jury testimony, holding that the defendant forfeited his confrontation right by procuring the witness’s unavailability through threats and coercion, and that the People met the clear‑and‑convincing burden required for forfeiture. A concurring opinion noted concern that the trial court should have examined the witness’s Fifth Amendment invocation more closely after she appeared.