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PEOPLE v. MOSCAT

3 Misc.3d 739 (2004)

777 N.Y.S.2d 875

THE PEOPLE OF THE STATE OF NEW YORK, Plaintiff, v. OCTIVIO MOSCAT, Defendant.

Criminal Court of the City of New York, Bronx County.

March 25, 2004.

Attorney(s) appearing for the Case

Bronx Defenders (Robin G. Steinberg and Amy Crawford of counsel), for defendant.

Robert T. Johnson, District Attorney (David J. Gavegnano of counsel), for plaintiff.

OPINION OF THE COURT

ETHAN GREENBERG, J.

Defendant moves in limine for an order excluding as evidence at trial a recording of a call to 911 made by the complainant in this domestic assault case. Both sides anticipate that the complainant will likely refuse to appear to testify for either the prosecution or the defense at trial. Defendant argues that the 911 call is hearsay and that its admission at trial would...

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