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PEOPLE v. JOHNSON

2003-08551.

66 A.D.3d 703 (2009)

885 N.Y.S.2d 628

2009 NY Slip Op 7275

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. TYRONE JOHNSON, Appellant.

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

Decided October 6, 2009.

Ordered that the judgment is affirmed.

The defendant contends that the admission of certain testimony at trial regarding statements made by the deceased victim, shortly after he was shot, deprived him of his constitutional right to confront the witnesses against him because the decedent's statements were "testimonial" under Crawford v Washington (541 U.S. 36 [2004]) and its progeny. However, the defendant failed to argue before...

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