Court of Appeals of New York

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People v. Garcia, 40

From these unrelated criminal appeals arises the question of whether the introduction of purported "background and narrative" evidence through the testimony of police detectives violated defendants' right to confrontation. The judgment of the Appellate Division declining to disturb the conviction in People v. Garcia is reversed and a new trial is ordered, where under the circumstances of the case, the failure to temper the testimonial evidence with a proper curative instruction is not harmless even under the standard applicable to non-constitutional harmless error. The judgment of the Appellate Division affirming the conviction in People v. DeJesus is affirmed, where there is no merit to defendant's contention that his confrontation rights were violated as there is no basis to characterize the officer's statements as testimonial.

Appellate Information

  • Decided 03/31/2015
  • Published 03/31/2015

Judges

  • Fahey

Court

  • Court of Appeals of New York

Counsel

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