(DOWNLOAD) "People v. Mackenzie" by Supreme Court of the State of New York Appellate Term: 9Th And 10Th Judicial Districts * eBook PDF Kindle ePub Free
eBook details
- Title: People v. Mackenzie
- Author : Supreme Court of the State of New York Appellate Term: 9Th And 10Th Judicial Districts
- Release Date : January 13, 2005
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 64 KB
Description
Defendants Confrontation Clause challenge to the arresting officers testimony as to the content of a police radio report and statements made by a witness to the accident in the early stages of the investigation is not preserved for appellate review. An objection on such a ground must be interposed with specific reference to the constitutional protection or it is waived (CPL 470.05 [2]; People v Kello, 96 NY2d 740, 743 [2001] [as "statutory or common-law hearsay rule exceptions may not necessarily satisfy the mandate of the Confrontation Clause regarding admissibility of out-of-court statements," the objection must specifically invoke constitutional error]; see also People v Johnson, 1 NY3d 302, 308 n [2003]; People v Blackman, 13 AD3d 640 [2004]; People v Sanchez, 302 AD2d 282, 283 [2003]). Defendant interposed no objection whatsoever to the officers testimony as to the content of the police radio dispatch and she objected to the arresting officers testimony as to the non-testifying witnesss statements regarding defendants operation of a vehicle involved in the accident explicitly and solely on state-law hearsay grounds, an issue of non-constitutional dimensions. Thus, defendant failed to preserve a Confrontation Clause challenge to that testimony as a matter of law (People v Garcia, 2 AD3d 321, 322 [2003] [objection on state evidentiary law preserves no Confrontation Clause claim]).