Legal Opinion

People v. Freycinet

New York Court of Appeals

Decided June 26, 2008PublishedCited by 71 opinions

1Opinion of the Court

OPINION OF THE COURT

Smith, J.

In People v Rawlins (10 NY3d 136 [2008]), we considered whether fingerprint comparison reports and the report of a DNA technician were “testimonial” evidence under Crawford v Washington (541 US 36 [2004]). This case raises a similar question about an autopsy report. Analyzing the question in the way Rawlins requires, we conclude that the redacted report at issue here was not testimonial.

I

Defendant’s girlfriend died of a knife wound, and defendant was indicted for murder, manslaughter and other crimes. His *40defense was that he killed her either justifiably or by…

2Cases cited5 opinions

  1. Crawford v. WashingtonSupreme Court of the United States · 2004
  2. Davis v. WashingtonSupreme Court of the United States · 2006
  3. People v. RawlinsNew York Court of Appeals · 2008
  4. People v. WashingtonNew York Court of Appeals · 1995
  5. State v. CragerOhio Supreme Court · 2007

3Cited by71 opinions

  1. People v. JohnNew York Court of Appeals · 2016
  2. United States v. James and MallayCourt of Appeals for the Second Circuit · 2013
  3. People v. BrownNew York Court of Appeals · 2009
  4. People v. PealerNew York Court of Appeals · 2013
  5. People v. HerbAppellate Division of the Supreme Court of the State of New York · 2013

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