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PEOPLE v. DIAZ

21 A.D.3d 58 (2005)

798 N.Y.S.2d 21

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JOSE DIAZ, Appellant.

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

June 28, 2005.

Attorney(s) appearing for the Case

Laura R. Johnson, The Legal Aid Society, New York City (Cheryl P. Williams of counsel), for appellant.

Robert M. Morgenthau, District Attorney, New York City (Hilary Hassler and Eleanor J. Ostrow of counsel), for respondent.

MARLOW, ELLERIN, GONZALEZ and CATTERSON, JJ., concur.

OPINION OF THE COURT

MAZZARELLI, J.P.

The primary issue on this appeal is whether defendant's right to confront the witnesses against him under the Sixth Amendment of the United States Constitution has been violated. Specifically, defendant asserts that the admission of a statement by a victim, who was unavailable to testify at trial, identifying him as one of his attackers was improperly admitted under

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