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PEOPLE v. SOTO

No. 206

26 N.Y.3d 455 (2015)

44 N.E.3d 930

2015 NY Slip Op 09316

THE PEOPLE OF THE STATE OF NEW YORK, Appellant, v. VICTOR SOTO, Respondent.

Court of Appeals of New York.

Decided December 17, 2015.

Attorney(s) appearing for the Case

Robert T. Johnson , District Attorney, Bronx ( Melanie A. Sarver , Rebecca L. Johannesen , Joseph N. Ferdenzi and Stanley R. Kaplan of counsel), for appellant.

Robert S. Dean , Center for Appellate Litigation, New York City ( Mark W. Zeno , of counsel), for respondent.

Judges RIVERA, ABDUS-SALAAM, STEIN and FAHEY concur; Judge PIGOTT dissents in an opinion.

OPINION OF THE COURT

The central issue in this case is whether an unavailable witness's statement to a defense investigator—that she, not defendant, was the driver at the time of the accident and that she fled the scene-should have been admitted as a declaration...

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