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PEOPLE v. AYALA

142 A.D.2d 147 (1988)

The People of the State of New York, Respondent, v. Neftali Ayala, Appellant

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

November 21, 1988

Attorney(s) appearing for the Case

Stephen J. Pittari (Raymond C. Volper of counsel), for appellant.

Carl A. Vergari, District Attorney (Richard L. Hecht and Maryanne Luciano of counsel), for respondent.

THOMPSON, J. P., BROWN and SULLIVAN, JJ., concur.

SPATT, J.

In this case, we are called upon to determine whether testimony given at a suppression hearing may, pursuant to CPL 670.10, be received into evidence at a subsequent proceeding when the witness has become unavailable. We hold that suppression hearing testimony is not "testimony given by a witness at * * * a trial of an accusatory instrument" within the meaning of CPL 670.10 and, therefore, that it...

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