People v. Algarin

OPINION OF THE COURT

Lawrence H. Bernstein, J.

This is a case of first impression in New York State involving the constitutionality of legislation which was recently enacted to protect certain child witnesses in sex offense prosecutions. Specifically, at issue is whether the statute which authorizes the examination of emotionally traumatized child victims by live closed-circuit television outside of the physical presence of the defendant violates the defendant’s constitutional right of confrontation. The question arose at the trial of the defendant, a former teacher’s aide at the PRACA day care…