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PEOPLE v. CLARK

190 A.D.2d 989 (1993)

The People of the State of New York, Respondent, v. Anson Clark, Appellant

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

February 5, 1993

Judgment unanimously affirmed.

Memorandum:

The preliminary hearing testimony of Officer Wally Howard, who died before defendant's trial, was admissible at trial pursuant to CPL 670.10 (1). At the preliminary hearing, defendant was represented by counsel who was afforded the opportunity to cross-examine that witness adequately (see, People v Simmons, 36 N.Y.2d 126, 130). We do not agree with defendant's assertion...

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