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PEOPLE v. GONZALEZ

54 N.Y.2d 729 (1981)

The People of the State of New York, Respondent, v. Sergio Gonzalez, Appellant.

Court of Appeals of the State of New York.

Decided July 7, 1981.

Attorney(s) appearing for the Case

Stanley M. Meyer and Frank A. Lopez for appellant.

Mario Merola, District Attorney (Peter D. Coddington and Steven R. Kartagener of counsel), for respondent.

Chief Judge COOKE and Judges GABRIELLI, JONES and WACHTLER concur; Judge FUCHSBERG concurs in a concurring opinion in which Judges JASEN and MEYER concur.

MEMORANDUM.

The order of the Appellate Division should be affirmed.

Defendant's argument that the trial court erred in refusing to admit the Grand Jury testimony of a witness who was unavailable at the time of the trial must be rejected. The testimony was excludable as hearsay evidence, and not admissible within the statutory exceptions to that rule (see CPL 670.10; People v Harding, 37 N.Y...

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