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Chief Judge Jonathan Lippman questioned the distinction between witnesses at trial saying they forgot and those who are unable to remember.

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ALBANY The lawyer for a 28 year old man convicted of killing his father with an ax and Skechers Boots Womens brutally assaulting his mother told New York's top court on Tuesday Mbt Shoes Walkers Warehouse

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"Just not remembering is an old story in the criminal law. It's been around for a long time," Kindlon said. "This is an Vans Orange And Blue

unavailable witness."

Horn acknowledged that evidence was "significant." However, he also said there was other evidence, including a Thruway ticket, a video and a neighbor's testimony showing Porco was at his parents' suburban Albany home that night, knew its security code, and was not asleep at college in Rochester as he'd claimed.

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A midlevel court agreed the testimony was hearsay, but "harmless" considering other "overwhelming evidence." And Judge Eugene Piggott Jr. said Tuesday, "When a mother accuses a son of committing a crime, it's just about all you need. It's huge."

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Porco, serving 50 years to life on convictions for murder and attempted murder, wants a new trial.

Joan Porco's lack of memory made it impossible to meaningfully question her about the nod, what it meant, and whether asleep in the dark she could have seen her assailant, he said, adding the other evidence was only circumstantial.

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Assistant Albany County District Attorney Christopher Horn told the court the defendant's right to confront accusers was met when Joan Porco was cross examined by Kindlon. At trial, she testified that she couldn't remember that night but she believed her son was innocent of killing her husband, law clerk Peter Porco, and attacking her, saying she didn't believe he was capable of it.

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Horn noted that Joan Porco's jaw was nearly severed, and the detective who questioned her was trying to determine who might be a suspect and whether a family member was involved. Prosecutors portrayed Porco as a failing student who was in debt and at odds with his parents over a web of deception.

Another judge, Robert Smith, asked why the appeals court shouldn't properly leave it to the jury to have decided the factual question of what Porco's testimony was worth.

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Police and paramedic testimony that severely injured Joan Porco nodded "yes" that night in 2004 when asked if Christopher was the attacker should have been rejected because she was unable at trial to recall nodding or even the assault, attorney Terence Kindlon Mbt Shoes Flat Feet

said. That testimony was repeatedly emphasized by prosecutors in opening and closing statements at the seven week trial, he said.

that Christopher Porco's constitutional rights were violated with hearsay evidence.

´╗┐State's top court hears appeal over hearsay evidence in Christopher Porco case VIDEO

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