Legal Opinion

The People v. Richard Garcia / The People v. Joshue DeJesus

New York Court of Appeals

Decided March 31, 2015No. 40 / 41PublishedCited by 13 opinions

1Opinion of the Court

OPINION OF THE COURT

Fahey, J.

From these otherwise unrelated criminal appeals arises the *81question whether the introduction of purported “background and narrative” evidence through the testimony of police detectives violated defendants’ right to confrontation.

People v Garcia

At approximately 8:30 p.m. on August 20, 2005, Michael Colon was shot to death following a streetside argument. With respect to that incident defendant was charged by indictment with, inter alia, one count each of murder in the second degree (Penal Law § 125.25 [1]) and manslaughter in the first degree (§ 125.20 [1]).

Although…

2Cases cited19 opinions

  1. Crawford v. WashingtonSupreme Court of the United States · 2004
  2. Delaware v. Van ArsdallSupreme Court of the United States · 1986
  3. People v. CrimminsNew York Court of Appeals · 1975
  4. People v. GrayNew York Court of Appeals · 1995
  5. Michigan v. BryantSupreme Court of the United States · 2011

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3Cited by13 opinions

  1. People v. BurgessAppellate Division of the Supreme Court of the State of New York · 2015
  2. People v. SampsonAppellate Division of the Supreme Court of the State of New York · 2020
  3. People v. DeJesusAppellate Division of the Supreme Court of the State of New York · 2015
  4. People v. GonzalezAppellate Division of the Supreme Court of the State of New York · 2021
  5. People v. GonzalezAppellate Division of the Supreme Court of the State of New York · 2021

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