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PEOPLE v. MAHABUB

38 Misc.3d 554 (2012)

956 N.Y.S.2d 811

2012 NY Slip Op 22357

THE PEOPLE OF THE STATE OF NEW YORK, Plaintiff, v. HASSAN MAHABUB, Defendant.

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

Decided November 30, 2012.

Attorney(s) appearing for the Case

Richard A. Brown , District Attorney ( Deanna Paul of counsel), for plaintiff. Mahendra Ramgopal for defendant.

OPINION OF THE COURT

ELISA S. KOENDERMAN, J.

On October 5, 2012, the court denied the People's application for forfeiture of the defendant's constitutional right to confrontation and admission of the complainant's prior statements to law enforcement against him at trial. After a Sirois hearing1 held on August 23, 2012 and August 30, 2012, the court found that the People failed to show by "clear and convincing" evidence...

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