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PEOPLE v. DURIO

7 Misc.3d 729 (2005)

794 N.Y.S.2d 863

THE PEOPLE OF THE STATE OF NEW YORK, Plaintiff, v. LENNY DURIO, Defendant.

Supreme Court, Kings County.

March 2, 2005.

Attorney(s) appearing for the Case

Lenny Durio, defendant pro se.

Charles J. Hynes, District Attorney (Joyce Slevin of counsel), for plaintiff.

OPINION OF THE COURT

ANNE G. FELDMAN, J.

Defendant moves pursuant to CPL 440.10 to vacate the judgment of conviction for murder under Crawford v Washington (541 U.S. 36 [2004]) on the grounds that his Sixth Amendment right to confrontation was abridged by the admission of certain hearsay statements in his trial for murder. Specifically, defendant contends: (1) that the statement of the deceased, Nathaniel Burgos, identifying...

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