Judgment unanimously affirmed.
Memorandum:
Defendant contends that County Court erred in permitting the People to read into evidence the Grand Jury testimony of his mother as part of their case-in-chief. We disagree. Out-of-court statements, including Grand Jury testimony, may be admitted as part of the People's case-in-chief where the witness is unavailable to testify at trial and the People establish by clear and convincing evidence that the unavailability...
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