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PEOPLE v. RAWLINS

10 N.Y.3d 136 (2008)

884 N.E.2d 1019

855 N.Y.S.2d 20

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. MICHAEL RAWLINS, Appellant. THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DWAIN MEEKINS, Appellant.

Court of Appeals of the State of New York.

Decided February 19, 2008.

Attorney(s) appearing for the Case

Legal Aid Society Criminal Appeals Bureau, New York City (Amy Donner and Steven Banks of counsel), for appellant in the first above-entitled action.

Robert M. Morgenthau, District Attorney, New York City (David M. Cohn and Mark Dwyer of counsel), for respondent in the first above-entitled action.

David P. Greenberg, New York City, and Lynn W.L. Fahey for appellant in the second above-entitled action.

Charles J. Hynes, District Attorney, Brooklyn (Anthea H. Bruffee and Leonard Joblove of counsel), for respondent in the second above-entitled action.

Chief Judge KAYE and Judges CIPARICK, GRAFFEO, SMITH and PIGOTT concur with Judge JONES; Judge READ concurs in result in a separate opinion.

OPINION OF THE COURT

JONES, J.

These two appeals call upon us to resolve an issue of first impression for this Court: whether DNA and latent fingerprint comparison reports prepared by nontestifying experts are "testimonial" statements within the meaning of Crawford v Washington (541 U.S. 36 [2004]).

I.

People v Rawlins

Defendant...

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