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PEOPLE v. GOLDSTEIN

6 N.Y.3d 119 (2005)

843 N.E.2d 727

810 N.Y.S.2d 100

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ANDREW GOLDSTEIN, Appellant.

Court of Appeals of the State of New York.

Decided December 20, 2005.

Attorney(s) appearing for the Case

Legal Aid Society, Criminal Appeals Bureau, New York City (Natalie Rea and Laura R. Johnson of counsel), for appellant.

Robert M. Morgenthau, District Attorney, New York City (Morrie I. Kleinbart and Patrick J. Hynes of counsel), for respondent.

Chief Judge KAYE and Judges G.B. SMITH, CIPARICK, ROSENBLATT and GRAFFEO concur with Judge R.S. SMITH; Judge READ dissents and votes to affirm in a separate opinion.

OPINION OF THE COURT

R.S. SMITH, J.

We reverse defendant's conviction and order a new trial, because his constitutional right to be confronted with the witnesses against him was violated when a psychiatrist who testified for the prosecution recounted statements made to her by people who were not available for cross-examination.

Facts and Procedural History

On January 3, 1999, defendant killed...

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