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PEOPLE v. PALMER

65 A.D.3d 1389 (2009)

885 N.Y.S.2d 621

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. CURTIS PALMER, Appellant.

Appellate Division of the Supreme Court of New York, Second Department.

Decided September 29, 2009.

Ordered that the judgment is affirmed.

Contrary to the defendant's contention, the admission into evidence of a laboratory report containing DNA profile data prepared by a laboratory analyst who did not testify at trial did not violate his Sixth Amendment right to confrontation under Crawford v Washington (541 U.S. 36 [2004]), as the report did not constitute a testimonial statement (see People v Rawlins,

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