Legal Opinion

People v. Brown

New York Court of Appeals

Decided November 19, 2009PublishedCited by 105 opinions

1Opinion of the Court

OPINION OF THE COURT

ClPARICK, J.

The main issue raised on appeal is whether defendant’s Sixth Amendment right to confrontation was violated by the introduction of a DNA report processed by a subcontractor laboratory to the Office of the Chief Medical Examiner (OCME) through the testimony of a forensic biologist from OCME. Because the report is “nontestimonial,” we hold that its admission did not constitute a Crawford violation (see Crawford v Washington, 541 US 36 [2004]; Melendez-Diaz v Massachusetts, 557 US —, 129 S Ct 2527 [2009]).

I

The People alleged that on the morning of August 6, 1993,…

2Cases cited7 opinions

  1. Crawford v. WashingtonSupreme Court of the United States · 2004
  2. Davis v. WashingtonSupreme Court of the United States · 2006
  3. Melendez-Diaz v. MassachusettsSupreme Court of the United States · 2009
  4. People v. KennedyNew York Court of Appeals · 1986
  5. People v. CratsleyNew York Court of Appeals · 1995

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3Cited by105 opinions

  1. People v. JohnNew York Court of Appeals · 2016
  2. People v. PealerNew York Court of Appeals · 2013
  3. State v. LuiWashington Supreme Court · 2014
  4. People v. DailAppellate Division of the Supreme Court of the State of New York · 2010
  5. State v. LopezSupreme Court of Rhode Island · 2012

100 more not listed; retrieve them via the Exa API.

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