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PEOPLE v. PORCO

No. 162

17 N.Y.3d 877 (2011)

958 N.E.2d 538

934 N.Y.S.2d 360

2011 NY Slip Op 7255

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. CHRISTOPHER PORCO, Appellant.

Court of Appeals of New York.

Decided October 18, 2011.

Attorney(s) appearing for the Case

Kindlon Shanks and Associates, Albany ( Terence L. Kindlon and Kathy Manley of counsel), for appellant.

P. David Soares , District Attorney, Albany ( Christopher D. Horn and Steven M. Sharp of counsel), for respondent.

Janet DiFiore , District Attorney, New York City ( Susan Axelrod and Morrie I. Kleinbart of counsel), for District Attorneys Association of the State of New York, amicus curiae.

Chief Judge LIPPMAN and Judges CIPARICK, READ, SMITH, PIGOTT and JONES concur; Judge GRAFFEO taking no part.

OPINION OF THE COURT

MEMORANDUM.

The order of the Appellate Division should be affirmed.

Defendant Christopher Porco claims that his federal constitutional right to confront the witnesses against him was violated by the admission at his criminal trial of testimony that his gravely injured mother nodded affirmatively when asked by the police if he was her assailant. This occurred as medics were preparing his mother for treatment, immediately after...

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