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PEOPLE v. COOK

9762, 4230/13.

173 A.D.3d 633 (2019)

104 N.Y.S.3d 105

2019 NY Slip Op 05210

The People of the State of New York, Respondent, v. Justin Cook, Appellant.

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

Decided June 27, 2019.

The court erred in denying defendant's application, expressly made under Chambers v Mississippi (410 U.S. 284 [1973]), to receive testimony that one of the robbery victims, who was unavailable to testify at trial, failed to identify defendant at a lineup. Of the requirements for admission of exculpatory hearsay evidence, the only one in dispute is the reliability of the nonidentification. Although there were reasons to suspect that this...

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