Ordered that the judgment is affirmed.
We agree with the defendant's contention that the trial court erred in concluding that a witness was unavailable due to threats allegedly made to her which were linked to the defendant. CPL 670.10 provides, in relevant part, that the previous testimony of a witness may be admitted into evidence at a subsequent trial if the witness "is unable to attend * * * by reason of death, illness or incapacity, or cannot with due diligence...
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