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PEOPLE v. KLEIN

75 A.D.2d 857 (1980)

The People of the State of New York, Respondent, v. Julius F. Klein, Jr., Appellant

Appellate Division of the Supreme Court of the State of New York, Second Department.

May 12, 1980

Order reversed, on the law, and matter remanded to the Supreme Court, Suffolk County, for a new hearing in accordance herewith.

The hearing court committed reversible error in considering as evidence an affidavit of former Assistant District Attorney Maurice Nadjari, who was the trial prosecutor at the defendant's murder trial. Since the affidavit was clearly hearsay, and was never formally received into evidence, it should...

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