PEOPLE v. WATSON

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).