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PEOPLE v. AYALA

121 Misc.2d 1073 (1983)

The People of the State of New York, Plaintiff, v. Neftali Ayala, James Ortiz and Daniel Mercado, Defendants.

County Court, Westchester County.

December 6, 1983

Attorney(s) appearing for the Case

Carl A. Vergari, District Attorney, for plaintiff. Stephen J. Pittari for Neftali Ayala, defendant. Marvin Newman for James Ortiz, defendant. Robert C. D'Alvia for Daniel Mercado, defendant.

NICHOLAS COLABELLA, J.

The People have made application pursuant to CPL article 670 to use at the trial of these defendants the testimony of Zena Everett which was given at a pretrial Wade hearing. The basis of the application is that Ms. Everett, a People's witness, is presently unavailable and "cannot with due diligence be found" (CPL 670.10, subd 1, par [c]).

The defendants have opposed the People's application on the grounds that the...

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