PEOPLE v. PACER


21 A.D.3d 192 (2005)

796 N.Y.S.2d 787

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. STEPHEN M. PACER, Appellant.

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

June 10, 2005.


Attorney(s) appearing for the Case

John E. Tyo, Shortsville, for appellant.

R. Michael Tantillo, District Attorney, Canandaigua (James B. Ritts of counsel), for respondent.

GREEN, J.P., SCUDDER, PINE and LAWTON, JJ., concur.


OPINION OF THE COURT

HURLBUTT, J.

Defendant appeals from a judgment convicting him of, inter alia, aggravated unlicensed operation of a motor vehicle in the first degree (Vehicle and Traffic Law § 511 [3] [a] [i]). In this case of first impression in an appellate court in New York, defendant contends that his Sixth Amendment right to confrontation was violated by the receipt in evidence of an "affidavit...

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