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PEOPLE v. GREEN

78 N.Y.2d 1029 (1991)

The People of the State of New York, Respondent, v. Benjamin Green, Also Known as Benjamin Greene, Appellant.

Court of Appeals of the State of New York.

Decided October 15, 1991.

Attorney(s) appearing for the Case

J. Jeffrey Weisenfeld for appellant.

Robert M. Morgenthau, District Attorney (Laurie Sapakoff and Mark Dwyer of counsel), for respondent.

Chief Judge WACHTLER and Judges SIMONS, KAYE, TITONE, HANCOCK, JR., and BELLACOSA concur in memorandum; Judge ALEXANDER dissents and votes to affirm in an opinion.

MEMORANDUM.

The order of the Appellate Division should be reversed and a new trial ordered.

The Grand Jury testimony of an eyewitness to the crime, which identified defendant as one of the perpetrators, did not fall within the classes of prior testimony rendered admissible in criminal proceedings by CPL 670.10. Inasmuch as the statute's "three carefully worded and enumerated exceptions" are exclusive (People v...

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