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PEOPLE v. BURGESS

2018-08188. Ind. No. 1568/16.

192 A.D.3d 1136 (2021)

141 N.Y.S.3d 359

2021 NY Slip Op 01993

The People of the State of New York, Respondent, v. Jorge Burgess, Appellant.

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

Decided March 31, 2021.

Attorney(s) appearing for the Case

Stacy Eves , Rockville Centre, NY, for appellant.

Madeline Singas , District Attorney, Mineola, NY ( Jason R. Richards , and John B. Latella , of counsel), for respondent.

Rivera, J.P., Connolly, Brathwaite Nelson and Christopher, JJ., concur.

Ordered that the judgment is reversed, on the law, and a new trial is ordered.

"The purpose of a Sirois hearing is to determine whether the defendant has procured a witness's absence or unavailability through his own misconduct, and thereby forfeited any hearsay or Confrontation Clause objections to admitting the witness's out-of-court statements" (People v McCune, 98 A.D.3d 631, 631 [2012] [citations and internal...

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