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Court of Appeals of New York


People v. Porco, 162

In a Sixth Amendment challenge to the admission of testimony that defendant's gravely injured mother, lying in her bed in the family home, covered with blood, suffering from severe head trauma and unable to speak because her jaw was shattered and dislocated, nodded affirmatively when asked by police if defendant was her assailant, challenge fails where even assuming that the testimony about the nod was constitutionally infirm, any error was harmless beyond a reasonable doubt.

Appellate Information

  • Decided 10/18/2011
  • Published 10/18/2011

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  • Court of Appeals of New York

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