'Pealer' and Forensic-Related Records: Confronting 'Crawford' and Its Progeny

, New York Law Journal


In his Evidence column, Albany Law School professor Michael J. Hutter writes: The Court of Appeals in 'People v. Pealer' could have embarked on a course lamenting the lack of guidance from and uncertainty in the Supreme Court decisions. Instead, the court commendably reached its own conclusions as to the teachings of the Supreme Court cases, and set up an analytical framework based on those conclusions to determine the testimonial/nontestimonial issue.

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