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PEOPLE v. CHESTNUT

2013-09674, Ind. No. 8778/11.

149 A.D.3d 772 (2017)

2017 NY Slip Op 02674

50 N.Y.S.3d 549

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ROBERT CHESTNUT, Appellant.

Appellate Division of the Supreme Court of New York, Second Department.

Decided April 5, 2017.

Ordered that the judgment is affirmed.

A witness's testimony in a previous proceeding may be admitted as part of the People's direct case where the People "demonstrate by clear and convincing evidence that the defendant, by violence, threats or chicanery, caused [the] witness's unavailability" (People v Cotto, 92 N.Y.2d 68, 75-76 [1998]; see People v Dubarry, 25 N.Y.3d 161, 174 ...

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