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THE PEOPLE, ETC., respondent, v. GEORGE OGE, appellant.

ORDERED that the judgment is affirmed.

Contrary to the defendant's contention, the cumulative evidence presented at the Sirois hearing (see, Matter of Holtzman v. Hellenbrand, 92 A.D.2d 405), and the inferences that logically flow therefrom were sufficient to support the Supreme Court's determination, under the clear and convincing evidence standard, that the defendant's misconduct caused the complainant's unavailability to testify at trial (see, People v. Geraci, 85 N.Y.2d 359, 370; cf., People v. Hamilton, 70 N.Y.2d 987). Accordingly, the Supreme Court properly allowed the use of the complainant's Grand Jury testimony as part of its direct case. Furthermore, the complainant's Grand Jury testimony had sufficient indicia of reliability to permit its admission at the trial (see, People v. Cotto, 92 N.Y.2d 68, 78; People v. Tuzzio, 201 A.D.2d 595; People v. Small, 177 A.D.2d 669).

The sentence imposed was not excessive (see, People v. Suitte, 90 A.D.2d 80).

O'BRIEN, J.P., LUCIANO, SMITH and CRANE, JJ., concur.

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PEOPLE v. OGE
(Oct 1, 2001)