PEOPLE v. CLAY

2007-10945

88 A.D.3d 14 (2011)

926 N.Y.S.2d 598

2011 NY Slip Op 5729

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. THOMAS CLAY, Appellant.

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

Decided June 28, 2011.


Attorney(s) appearing for the Case

Lynn W. L. Fahey , New York City ( Denise A. Corsi of counsel), for appellant.

Charles J. Hynes , District Attorney, Brooklyn ( Leonard Joblove , Howard B. Goodman and Melissa J. Feldman of counsel), for respondent.

DICKERSON, ENG and LOTT, JJ., concur.


OPINION OF THE COURT

SKELOS, J.P.

The principal issues presented on this appeal are whether a statement uttered by a victim of a shooting shortly before his death, in response to an inquiry by a police officer regarding the identity of the shooter, constituted testimonial evidence, which is generally barred by the Confrontation Clause of the Sixth Amendment of the United States Constitution, and, if so, whether such evidence was admissible as a constitutionally...

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