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PEOPLE v. SHAW

4031, 7741/02.

80 A.D.3d 465 (2011)

914 N.Y.S.2d 155

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. MICHAEL SHAW, Appellant.

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

Decided January 11, 2011.

The court did not violate defendant's right of confrontation when it received two declarations by the nontestifying victim in which she described being raped, since neither declaration was testimonial. The victim died before defendant was identified, years later, by means of DNA evidence. At trial, the sole issue was consent.

The first declaration was made to a police officer who responded shortly after the crime. This statement...

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