People v. Pacer

OPINION OF THE COURT

Rosenblatt, J.

The appeal before us presents a Confrontation Clause issue under Crawford v Washington (541 US 36 [2004]). Defendant was charged with aggravated unlicensed operation of a motor vehicle in the first degree (Vehicle and Traffic Law § 511 [3] [a]) and related offenses. At trial, to prove that defendant knew his driving privileges had been revoked and was thus guilty of an aggravated offense, the prosecution introduced an affidavit prepared by a Department of Motor Vehicles official in 2003 describing the agency’s revocation and mailing procedures, and averring…