PEOPLE v. RUIS


11 A.D.3d 714 (2004)

784 N.Y.S.2d 558

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. LUIS EDUARDO BUENOS RUIS, Also Known as JORGE RODRIGUEZ, Appellant.

Appellate Division of the Supreme Court of the State of New York, Second Department.

October 25, 2004.


Ordered that the judgment is affirmed.

Although it is a violation of the Confrontation Clause for a prosecutor to elicit testimony which implies that a non-testifying witness identified the defendant as the perpetrator of a crime (see Mason v Scully, 16 F.3d 38, 42-43 [1994]), "`[t]he [Confrontation] Clause . . . does not bar the use of testimonial statements for purposes other than establishing the truth of the matter asserted...

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