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PEOPLE v. DEL MASTRO

72 Misc.2d 809 (1973)

The People of the State of New York, Plaintiff, v. Joseph Del Mastro, Defendant.

County Court, Special Term, Nassau County.

January 8, 1973

Attorney(s) appearing for the Case

William Cahn, District Attorney, for plaintiff. Nicholas L. Castellano for defendant.

HAROLD M. SPITZER, J.

The People have applied for an order pursuant to CPL article 670 for permission to read into evidence the transcript of the testimony of Marie Bongiorno given in a previous trial, in lieu of the personal appearance of the witness. A hearing has been held by this court to determine whether the personal attendance of the witness is precluded because of illness or incapacity within the meaning...

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