1. Home
  2. Browse Decisions
  3. A.D.3d
  4. 87 A.D.3d
  5. 87 A.D.3d 81 (2011)
 

PEOPLE v. ENCARNACION

4268C/05, 2715.

87 A.D.3d 81 (2011)

926 N.Y.S.2d 446

2011 NY Slip Op 5433

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. SAMUEL ENCARNACION, Appellant.

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

Decided June 23, 2011.

Attorney(s) appearing for the Case

Richard M. Greenberg , Office of the Appellate Defender, New York City ( Joseph M. Nursey and Alexis Agathocleous of counsel), for appellant.

Robert T. Johnson , District Attorney, Bronx ( Rither Alabre and Peter D. Coddington of counsel), for respondent.

ANDRIAS, J.P., and FRIEDMAN, JJ., concur with ROMÁN, J.; CATTERSON and McGUIRE, JJ., concur in a separate opinion by McGUIRE, J.

OPINION OF THE COURT

ROMÁN, J.

The salient issue on this appeal concerns the United States Constitution's Confrontation Clause and whether the trial court, in allowing the prosecution to use a witness's grand jury testimony in its case-in-chief, without producing the witness, violated defendant's right of confrontation. Additionally, we are called upon to decide whether in allowing the prosecution to present DNA evidence through a witness who did not...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases