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PEOPLE v. PEREZ

299 A.D.2d 197 (2002)

749 N.Y.S.2d 134

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JAIME PEREZ, Appellant.

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

Decided November 14, 2002.

The court erred in redacting defendant's videotaped statement to exclude an exculpatory portion while admitting the inculpatory portion of the same statement (see People v Dlugash, 41 N.Y.2d 725, 736; People v Gallo, 12 N.Y.2d 12, 15). Under the circumstances presented, the part of the statement found by the court to be the hearsay declaration of another person should have been admitted...

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