PEOPLE v. WROTTEN

No. 199

14 N.Y.3d 33 (2009)

923 N.E.2d 1099

896 N.Y.S.2d 711

2009 NY Slip Op 9267

THE PEOPLE OF THE STATE OF NEW YORK, Appellant, v. JUWANNA WROTTEN, Respondent.

Court of Appeals of New York.

Decided December 15, 2009.


Attorney(s) appearing for the Case

Robert T. Johnson, District Attorney, Bronx (Peter D. Coddington and Hannah E.C. Moore of counsel), for appellant.

Office of the Appellate Defender, New York City (Daniel A. Warshawsky, Richard M. Greenberg and Anastasia B. Heeger of counsel), for respondent.

Richard D. Willstatter, New York City, and Murray E. Singer, Great Neck, for New York State Association of Criminal Defense Lawyers, amicus curiae.

Judges GRAFFEO, READ and PIGOTT concur with Judge CIPARICK; Judge JONES dissents and votes to affirm in a separate opinion in which Judge SMITH concurs; Judge SMITH dissents in another dissenting opinion; Chief Judge LIPPMAN taking no part.


OPINION OF THE COURT

CIPARICK, J.

In People v Cintron (75 N.Y.2d 249 [1990]), we upheld the use of two-way televised testimony of a vulnerable child witness and concluded that no violation of either the Federal or State Constitution existed. On this appeal, we are asked to determine whether Supreme Court erred in permitting an adult complainant living in another state to testify via real-time, two-way video after...

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