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PEOPLE v. ROSA

302 A.D.2d 231 (2003)

754 N.Y.S.2d 279

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JUAN ROSA, Appellant.

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

Decided February 11, 2003.

The court properly refused to permit defendant to introduce the suppression hearing testimony of a defense witness who had died between the hearing and the trial. Suppression hearing testimony is not one of the categories of prior testimony that may be received pursuant to CPL 670.10, and such testimony is therefore inadmissible as hearsay (People v Ayala, 75 N.Y.2d 422, 428). The court properly rejected defendant's argument that...

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