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PEOPLE v. HOWARD

52 A.D.3d 273 (2008)

860 N.Y.S.2d 503

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JAMES HOWARD, Appellant.

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

Decided June 10, 2008.

In making its determination, the court properly considered grand jury minutes, which constituted "reliable hearsay evidence" (Correction Law § 168-n [3]). The Confrontation Clause does not apply to these proceedings (People v Dort, 18 A.D.3d 23, 25 [2005], lv denied 4 N.Y.3d 885 [2005]), and the use of reliable hearsay did not deprive defendant of due process (see People v Mingo...

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