People v. Tuck

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed.

Appellant’s contention is that his right to confrontation was violated by the trial court’s allowing an unsworn seven-year-old prosecution witness to sit at a table facing the jury, and turned away from appellant (see, Coy v Iowa, 487 US 1012). This was done because the witness’ testimony was not audible and the courtroom was not equipped with a sound amplification system.

Under the circumstances presented this was error. However, the conviction must still be affirmed. Examining the remaining evidence, the…