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PEOPLE v. BROWN

13 N.Y.3d 332 (2009)

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. MICHAEL J. BROWN, Appellant.

Court of Appeals of New York.

Decided November 19, 2009.

Attorney(s) appearing for the Case

Appellate Advocates, New York City (Steven R. Bernhard and Lynn W.L. Fahey of counsel), for appellant.

Richard A. Brown, District Attorney, Kew Gardens (William H. Branigan and John M. Castellano of counsel), for respondent.

Chief Judge LIPPMAN and Judges GRAFFEO, READ, SMITH, PIGOTT and JONES concur.

OPINION OF THE COURT

CIPARICK, J.

The main issue raised on appeal is whether defendant's Sixth Amendment right to confrontation was violated by the introduction of a DNA report processed by a subcontractor laboratory to the Office of the Chief Medical Examiner (OCME) through the testimony of a forensic biologist from OCME. Because the report is "nontestimonial," we hold that its admission did not constitute...

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