PEOPLE v. FREYCINET


11 N.Y.3d 38 (2008)

2008 NY Slip Op 05776

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. GARY FREYCINET, Appellant.

Court of Appeals of the State of New York.

Decided June 26, 2008.


Attorney(s) appearing for the Case

Appellate Advocates, New York City (Winston McIntosh and Lynn W.L. Fahey of counsel), for appellant.

Richard A. Brown, District Attorney, Kew Gardens (Jennifer Hagan and John M. Castellano of counsel), for respondent.

Before: Chief Judge KAYE and Judges GRAFFEO, READ, PIGOTT and JONES concur; Judge CIPARICK taking no part.


OPINION OF THE COURT

SMITH, J.

In People v Rawlins (10 N.Y.3d 136 [2008]), we considered whether fingerprint comparison reports and the report of a DNA technician were "testimonial" evidence under Crawford v Washington (541 U.S. 36 [2004]). This case raises a similar question about an autopsy report. Analyzing the question in the way Rawlins requires, we conclude that...

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