Legal Opinion

People v. Clay

Appellate Division of the Supreme Court of the State of New York

Decided June 28, 2011PublishedCited by 15 opinions

1Opinion of the Court

OPINION OF THE COURT

Skelos, J.E

The principal issues presented on this appeal are whether a statement uttered by a victim of a shooting shortly before his death, in response to an inquiry by a police officer regarding the identity of the shooter, constituted testimonial evidence, which is generally barred by the Confrontation Clause of the Sixth Amendment of the United States Constitution, and, if so, whether such evidence was admissible as a constitutionally permissible exception to the Confrontation Clause. We hold that, under the circumstances of this case, the victim’s words *16were…

2Cases cited46 opinions

  1. Crawford v. WashingtonSupreme Court of the United States · 2004
  2. Ohio v. RobertsSupreme Court of the United States · 1980
  3. Davis v. WashingtonSupreme Court of the United States · 2006
  4. Mattox v. United StatesSupreme Court of the United States · 1895
  5. Clyde Mattox v. United StatesSupreme Court of the United States · 1892

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3Cited by15 opinions

  1. People v. GreenAppellate Division of the Supreme Court of the State of New York · 2012
  2. Harold Bishop v. State of IndianaIndiana Court of Appeals · 2015
  3. People v. DockeryAppellate Division of the Supreme Court of the State of New York · 2013
  4. Grindle v. StateCourt of Appeals of Mississippi · 2013
  5. People v. ColonAppellate Division of the Supreme Court of the State of New York · 2021

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