People State New York v. Sergio Gonzalez

Defendants argument that the trial court erred in refusing to admit the Grand Jury testimony of a witness who was unavailable at the time of the trial must be rejected. The testimony was excludable as hearsay evidence, and not admissible within the statutory exceptions to that rule (see CPL 670.10; People v Harding, 37 N.Y.2d 130). Defendants additional argument that he had a due process right to introduce this testimony (see Chambers v Mississippi, 410 U.S. 284) was not preserved for our review by timely objection.