Affirmed.
The Trial Judge was justified in finding that the victim could not "with due diligence" be found (CPL 670.10, subd 1), and thus permitting the use of the transcript of the victim's testimony from the preliminary hearing. The opportunity for cross-examination and the actual cross-examination at the preliminary hearing were adequate, as was the identification of the defendant. The most serious questions in the case arise by reason of the Assistant District...
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