Legal Opinion

People v. McNab

Appellate Division of the Supreme Court of the State of New York

Decided December 8, 2011Published

1Opinion of the Court

Although defendant requested disclosure of an undercover officer’s name, he did not sufficiently alert the court to his claim that permitting the undercover officer to testify under his shield number violated his right of confrontation, and the court did not “expressly decide[ ]” the issue “in re[s]ponse to a protest by a party” (CPL 470.05 [2]; see People v Colon, 46 AD3d 260, 263 [2007]). Accordingly, defendant did not preserve his Confrontation Clause claim, and we decline to review it in the interest of justice.

As an alternative holding, we find no Confrontation Clause violation (see…

2Cases cited10 opinions

  1. Strickland v. WashingtonSupreme Court of the United States · 1984
  2. People v. BeneventoNew York Court of Appeals · 1998
  3. Pennsylvania v. RitchieSupreme Court of the United States · 1987
  4. People v. RiveraNew York Court of Appeals · 1988
  5. People v. LoveNew York Court of Appeals · 1982

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

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API