Addressing a question left open in a 2004 U.S. Supreme Court ruling, a unanimous state appeals panel in Brooklyn found last week that the U.S. Constitution’s confrontation clause does not bar the use at trial of dying declarations even where they are clearly “testimonial” in nature.

Writing for the panel in People v. Clay, 10361/06, Justice Peter B. Skelos of the Appellate Division, Second Department (See Profile), said the court joins “all of the other state courts that have decided the question and conclude that the ‘Sixth Amendment incorporates an exception for testimonial dying declarations.’”

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