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PEOPLE v. HAMILTON

70 N.Y.2d 987 (1988)

The People of the State of New York, Appellant, v. Derrick Hamilton, Respondent.

Court of Appeals of the State of New York.

Decided February 9, 1988.

Attorney(s) appearing for the Case

Elizabeth Holtzman, District Attorney (Barbara D. Underwood, Nikki Kowalski and Stephen H. Kessler of counsel), for appellant.

George Sheinberg for respondent.

Chief Judge WACHTLER and Judges SIMONS, KAYE, ALEXANDER, TITONE, HANCOCK, JR., and BELLACOSA concur.

MEMORANDUM.

The order of the Appellate Division should be affirmed.

We agree with the Appellate Division that defendant's convictions required reversal because his Sixth Amendment right "to be confronted with the witnesses against him" was violated by the People's introduction, as part of its case-in-chief at trial, of the Grand Jury testimony of a witness, Patricia Lee.

In her Grand Jury testimony, Lee stated...

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