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PEOPLE v. RAFAJLOVSKI

152 A.D.2d 608 (1989)

The People of the State of New York, Respondent, v. Cane Rafajlovski, Appellant

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

July 3, 1989

Ordered that the judgment is affirmed.

The defendant's claim that the videotaping procedure used before the Grand Jury was improper and prejudicial is without merit. CPL 190.32 (3) and (5) authorize the presentment to the Grand Jury of the videotaped testimony of a witness found to be physically ill or incapacitated (see, People v Robinson, 125 A.D.2d 612). It is undisputed that the witness could not come into the...

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