People v. Durio

OPINION OF THE COURT

Anne G. Feldman, J.

Defendant moves pursuant to GPL 440.10 to vacate the judgment of conviction for murder under Crawford v Washington (541 US 36 [2004]) on the grounds that his Sixth Amendment right to confrontation was abridged by the admission of certain hearsay statements in his trial for murder. Specifically, defendant contends: (1) that the statement of the deceased, Nathaniel Burgos, identifying defendant as the perpetrator, made in response to police inquiry, was testimonial in nature and inadmissible, and (2) that absent the medical examiner who had conducted the…