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PEOPLE v. CHRISTIE

278 A.D.2d 37 (2000)

717 N.Y.S.2d 523

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. CONWAY CHRISTIE, Appellant.

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

Decided December 7, 2000.

The court properly denied defendant's request to have the testimony of a witness who testified at defendant's first trial admitted into evidence since defendant failed to meet his burden of establishing that the witness could not "with due diligence be brought before the court" (CPL 670.10 [1]; People v Broome, 222 A.D.2d 1094). In any event, upon our review of the entire trial, we conclude that there was no reasonable possibility...

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