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PEOPLE v. TINH PHAN

150 Misc.2d 435 (1990)

The People of the State of New York, Plaintiff, v. Tinh Phan, Defendant.

Supreme Court, Kings County.

November 1, 1990

Attorney(s) appearing for the Case

Richard P. Crossin for defendant. Charles J. Hynes, District Attorney (Gary Farrell of counsel), for plaintiff.

HAROLD FERTIG, J.

In People v Gonzalez (54 N.Y.2d 729), the Court of Appeals explicitly held that Grand Jury testimony of a witness who was unavailable at the time of the trial was "excludable as hearsay evidence" (People v Gonzalez, supra, at 730) and not admissible under the statutory exceptions to the hearsay rule as codified in CPL 670.10. However...

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