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PEOPLE v. EASTMAN

85 N.Y.2d 265 (1995)

648 N.E.2d 459

624 N.Y.S.2d 83

The People of the State of New York, Respondent, v. Cecilio Eastman, Appellant.

Court of Appeals of the State of New York.

Decided February 21, 1995.

Attorney(s) appearing for the Case

Toko Serita and Philip L. Weinstein, New York City, for appellant.

Charles J. Hynes, District Attorney of Kings County, Brooklyn (Shulamit Rosenblum, Roseann B. MacKechnie and Monique Ferrell of counsel), for respondent.

Chief Judge KAYE and Judges SIMONS, TITONE, SMITH and LEVINE concur with Judge CIPARICK; Judge BELLACOSA dissents and votes to affirm in a separate opinion.

CIPARICK, J.

On this appeal, defendant collaterally attacks his conviction contending that it was obtained in violation of his Sixth Amendment right of confrontation as delineated in Cruz v New York (481 U.S. 186) issued by the Supreme Court after his conviction became final. In Cruz, the Supreme Court held that the Confrontation Clause bars the introduction of a...

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