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PEOPLE v. PACER

6 N.Y.3d 504 (2006)

847 N.E.2d 1149

814 N.Y.S.2d 575

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

Court of Appeals of the State of New York.

Decided March 28, 2006.

Attorney(s) appearing for the Case

Richard A. Brown, District Attorney, Kew Gardens (Jennifer M. Hagan and John M. Castellano of counsel), and R. Michael Tantillo, District Attorney, Canandaigua, for appellant.

John E. Tyo, Shortsville, for respondent.

Peter Lushing, New York City, and Richard D. Willstatter, White Plains, for New York State Association of Criminal Defense Lawyers and another, amici curiae.

Eliot Spitzer, Attorney General, New York City (Daniel Smirlock and Robin A. Forshaw of counsel), amicus curiae.

Chief Judge KAYE and Judges G.B. SMITH, CIPARICK, GRAFFEO, READ and R.S. SMITH concur.

OPINION OF THE COURT

ROSENBLATT, J.

The appeal before us presents a Confrontation Clause issue under Crawford v Washington (541 U.S. 36 [2004]). Defendant was charged with aggravated unlicensed operation of a motor vehicle in the first degree (Vehicle and Traffic Law § 511 [3] [a]) and related offenses. At trial, to prove that defendant knew his driving privileges...

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