Legal Opinion

People v. Bradley

Appellate Division of the Supreme Court of the State of New York

Decided July 28, 2005PublishedCited by 10 opinions

1Opinion of the Court

OPINION OF THE COURT

Tom, J.P.

In the absence of testimony by the victim of an assault, whose whereabouts could not be ascertained, the chief evidence against defendant was her out-of-court statement to a police officer, admitted as an excited utterance, that “her boyfriend threw her through a glass door.” Defendant argues that this statement was “testimonial” within the contemplation of Crawford v Washington (541 US 36 [2004]) and, thus, violated his constitutional rights to confrontation and due process. This Court concludes that the contested evidence was not testimonial, and we find no…

2Cases cited24 opinions

  1. Crawford v. WashingtonSupreme Court of the United States · 2004
  2. People v. BleakleyNew York Court of Appeals · 1987
  3. People v. ContesNew York Court of Appeals · 1983
  4. Teague v. LaneSupreme Court of the United States · 1989
  5. Ohio v. RobertsSupreme Court of the United States · 1980

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3Cited by10 opinions

  1. State v. SlaterSupreme Court of Connecticut · 2008
  2. People v. DavisAppellate Division of the Supreme Court of the State of New York · 2005
  3. People v. LebrechtAppellate Terms of the Supreme Court of New York · 2006
  4. People v. McEaddyAppellate Division of the Supreme Court of the State of New York · 2007
  5. People v. BryantAppellate Division of the Supreme Court of the State of New York · 2006

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