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THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. CLEON WATSON, Appellant.

Ordered that the judgment is affirmed.

The Supreme Court properly denied the defendant's request to introduce the grand jury testimony of a witness who had since become unavailable to testify at trial. Evidence of this type "must be admitted when it is material, exculpatory and has sufficient indicia of reliability" ( People v. Stultz, 2 NY3d 277, 286). Although the unavailable witness's testimony did carry sufficient indicia of reliability ( see People v. Robinson, 89 NY2d 648, 656-657; People v. Arce, 309 AD2d 1191, 1192), it was nevertheless properly excluded by the trial court because, even if believed, it was neither material nor exculpatory ( see People v. Robinson, supra at 654-655; People v. Douglas, 304 AD2d 458, 459).

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PEOPLE v. WATSON
(Jan 31, 2005)