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Since the U.S. Supreme Court in March decided Crawford v. Washington, its landmark ruling on the confrontation clause, state and federal courts have begun to consider the ruling’s implications. NEW YORK TRIAL COURTS People v. Cortes (NYLJ, June 15, p. 18). Bronx Supreme Court Justice Phylis Skloot Bamberger rules that a call to a 911 operator was testimonial and inadmissable during an attempted murder trial. People v. Conyers (NYLJ, June 11, p. 25). Queens Supreme Court Justice Joseph Rosenzweig finds that a scream for help, made in a 911 call, is an “excited utterance” and admissible at trial. People v. Moscat (NYLJ, April 23, p. 20). Bronx Criminal Court Judge Ethan Greenberg finds that 911 calls are generally “the electronically augmented equivalent of a loud cry for help” and not testimonial. STATE APPEALS COURTS People v. Rivera (NYLJ, June 10, p. 27). A unanimous panel of the Appellate Division, First Department, finds that a telephone call by a victim’s girlfriend, made to the victim’s sister, was an admissible “excited utterance,” not a testimonial statement. FEDERAL COURTS United States v. Massino (NYLJ, June 11, p. 28). Eastern District Judge Nicholas Garaufis rules that the fact that co-defendants have pleaded guilty to a crime cannot be distinguished from the co-defendants’ plea allocutions, which describe the crime in more detail. He does not allow prosecutors to elicit testimony about the guilty pleas at a mob trial.

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