People v. Quevas

I would affirm the order of the Appellate Division upholding the judgment of conviction for sodomy, sexual abuse and endangering the welfare of a developmentally disabled youngster.

The reversal of this conviction turns solely on a foundational evidentiary ruling of the trial court after the victim, who suffered from certain impairments, was unable to make an in-court identification of the defendant. The refusal to uphold the statutory authorization in CPL 60.25 that contemplates the admission of third-party identification testimony in circumstances such as are presented in this case elevates…