It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously affirmed.
Memorandum:
Defendant appeals from a judgment convicting him, after a nonjury trial, of assault in the third degree (Penal Law § 120.00 [3]). We agree with defendant that Supreme Court erred in admitting in evidence the preliminary hearing testimony of a witness who, according to the People, was out of the country. The People were required to establish...
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