People State New York v. Edward Peter Castillo

Appeal from a judgment of conviction rendered in County Court, Otsego County. Appellant has been convicted of rape in the
second degree. The main question on appeal is whether the proof of corroboration is competent. This proof rests on testimony
of the appellant under a waiver of immunity in a voluntary appearance before the Grand Jury. Appellant in this testimony admitted
the act of intercourse but showed extenuating circumstances. The record before the Grand Jury was taken in shorthand notes
by the Grand Jury stenographer, who did not transcribe his notes and who died before the case was brought to trial. On the
trial a transcription made by another stenographer familiar with the shorthand method used by the deceased stenographer was
offered in evidence. The foundation for the receipt of this exhibit was the testimony of the stenographer who made the transcription
that she was able to read the notes and transcribe them with reasonable accuracy and the testimony of the foreman of the Grand
Jury who heard the testimony of the appellant before the Grand Jury and who swore that the transcript was an accurate record
of defendant's testimony before the Grand Jury. Objection was made to the reception of the transcript on the ground that the
proceeding before the Grand Jury was secret, but an order was entered by the court allowing the transcript to be read. The
waiver of immunity signed by defendant on his appearance before the Grand Jury contemplated the utilization of this testimony
in any later proceeding upon which it became material (Penal Law, 2446). It was in the nature of a judicial admission against
interest and a sufficient foundation as to its accuracy and reliability was laid by the testimony of the stenographer and
the Grand Jury foreman. (Cf. People v. Nisonoff, 293 N. Y. 597; People v. Kohlmeyer, 284 N. Y. 366.) On review of the record
we are of the opinion defendant had a fair trial. Judgment of conviction affirmed.