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PEOPLE v. DOBBIN

6 Misc.3d 892 (2004)

791 N.Y.S.2d 897

THE PEOPLE OF THE STATE OF NEW YORK, Plaintiff, v. ANTHONY DOBBIN, Defendant.

Supreme Court, New York County.

December 22, 2004.

Attorney(s) appearing for the Case

Legal Aid Society (Laura R. Johnson and Martin M. Lucente of counsel), for defendant.

Robert M. Morgenthau, District Attorney (Birgit E. Kollmar of counsel), for plaintiff.

OPINION OF THE COURT

CHARLES J. TEJADA, J.

Defendant moves, pursuant to CPL 440.10, to vacate his conviction on the grounds that he was denied his right of confrontation because a tape-recorded 911 telephone caller's statement was admitted into evidence against the defendant in violation of his Sixth Amendment right of confrontation, as held in Crawford v Washington (541 U.S. 36

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