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PEOPLE v. SERRANO

227 A.D.2d 352 (1996)

644 N.Y.S.2d 162

The People of the State of New York, Respondent, v. Linton Serrano, Appellant

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

May 30, 1996

The main prosecution witness's Grand Jury testimony, which implicated defendant as the person who shot the victim, was properly admitted on the People's direct case where, after a mid-trial evidentiary hearing (see, United States v Mastrangelo, 693 F.2d 269, 272-273, cert denied 467 U.S. 1204), the People proved by clear and convincing evidence that defendant's misconduct, or...

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