People v. Porco

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed.

Defendant Christopher Porco claims that his federal constitutional right to confront the witnesses against him was violated by the admission at his criminal trial of testimony that his gravely injured mother nodded affirmatively when asked by the police if he was her assailant. This occurred as medics were preparing his mother for treatment, immediately after she was discovered lying in her bed in the family home, covered with blood, suffering from severe head trauma and unable to speak because her jaw was…