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PEOPLE v. ALOMAR

93 N.Y.2d 239 (1999)

711 N.E.2d 958

689 N.Y.S.2d 680

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. CARLOS ALOMAR, Appellant. THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ADELE MORALES, Appellant.

Court of Appeals of the State of New York.

Decided March 30, 1999.

Attorney(s) appearing for the Case

Rosemary Herbert, New York City, and Richard M. Greenberg for appellant in the first above-entitled action.

Daniel A. Warshawsky, New York City, and Richard M. Greenberg for appellant in the second above-entitled action.

Robert T. Johnson, District Attorney of Bronx County, Bronx (Jacqueline M. Vernon, Joseph N. Ferdenzi, Allen H. Saperstein and Jennifer Correale of counsel), for respondent in the first above-entitled action.

Robert M. Morgenthau, District Attorney of New York County, New York City (Michael S. Morgan and James D. Gibbons of counsel), for respondent in the second above-entitled action.

Chief Judge KAYE and Judges BELLACOSA, LEVINE, CIPARICK, WESLEY and ROSENBLATT concur.

OPINION OF THE COURT

SMITH, J.

In these two unrelated criminal cases, combined for the purpose of this appeal, the primary issue is whether the defendants were denied their constitutional rights to due process and to confront the witnesses against them when a Judge who presided over the original proceeding also presided over a reconstruction hearing. In both cases, the Appellate Division found no constitutional error. For the reasons that follow, we agree...

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