What is the test for using prior testimony of an unavailable witness?

The statute's "three carefully worded and enumerated exceptions" to the use of prior testimony of an unavailable declarant are essentially exclusive ( People v. Ayala, 75 N.Y.2d 422, 429, 554 N.Y.S.2d 412, 553 N.E.2d 960 [1990] [internal quotation marks and citation omitted] ), but we have recognized certain "exceptions" predicated on either the forfeiture or inapplicability of the defendant's right to confrontation of the declarant. In the case of a

[100 N.Y.S.3d 667]

[124 N.E.3d 217]