Legal Opinion
People v. Barnes
Appellate Division of the Supreme Court of the State of New York
Decided December 11, 2008PublishedCited by 2 opinions
1Opinion of the Court
*290The court properly exercised its discretion in admitting testimony regarding the contents of a 911 call. There was no violation of defendant’s right of confrontation, because the evidence was not offered for its truth (see Tennessee v Street, 471 US 409 [1985]), but for the legitimate nonhearsay purpose of completing the narrative and explaining why the police approached and then pursued defendant (see People v Tosca, 98 NY2d 660 [2002]; People v Rivera, 96 NY2d 749 [2001]; see also United States v Reyes, 18 F3d 65, 70-71 [1994]). The primary issue in the case was police credibility, and this…
2Cases cited6 opinions
- Tennessee v. StreetSupreme Court of the United States · 1985
- People v. DavisNew York Court of Appeals · 1983
- People v. ToscaNew York Court of Appeals · 2002
- United States v. Francisco Fernando Reyes, Fernando F. Reyes, Berta Lucia Osario De Reyes and Rafael Reyes, Jeffrey SteinCourt of Appeals for the Second Circuit · 1994
- People of the State of New York v. RiveraNew York Court of Appeals · 2001
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3Cited by2 opinions
- People v. YoungbergAppellate Division of the Supreme Court of the State of New York · 2021
- People v. MartinezAppellate Division of the Supreme Court of the State of New York · 2018