People v. Reynoso

Decision Date10 June 2004
Citation781 N.Y.S.2d 284,2 N.Y.3d 820,814 N.E.2d 456
PartiesTHE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. GUSTAVO REYNOSO, Appellant.
CourtNew York Court of Appeals Court of Appeals

Lynn W.L. Fahey, New York City, and Steven R. Bernhard for appellant.

Richard A. Brown, District Attorney, Kew Gardens (Traci R. Wilkerson of counsel), for respondent.

Chief Judge Kaye and Judges G.B. Smith, Ciparick, Rosenblatt, Graffeo, Read and R.S. Smith concur.

OPINION OF THE COURT MEMORANDUM.

The order of the Appellate Division should be affirmed.

We reject defendant's claim that his warrantless arrest violated Payton v New York (445 US 573 [1980]). The record reveals that the arrest occurred either after defendant exited his home voluntarily or while he stood in his doorway.

Further, there is no merit to defendant's claim that his constitutional right to confront witnesses was violated when the trial court allowed the People to elicit a statement that a non-testifying codefendant had made to a detective. The statement was admitted not to establish the truth of the matter asserted, but rather to show the detective's state of mind. As the United States Supreme Court recently observed, "[t]he [Confrontation] Clause . . . does not bar the use of testimonial statements for purposes other than establishing the truth of the matter asserted" (Crawford v Washington, 541 US ___, ___ n 9, 124 S Ct 1354, 1369 n 9 [2004], citing Tennessee v Street, 471 US 409, 414 [1985]). On review of submissions pursuant to section 500.4 of the Rules of the Court of Appeals (22 NYCRR 500.4), order affirmed, in a memorandum.

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38 cases
  • Com. v. Pelletier
    • United States
    • Appeals Court of Massachusetts
    • January 15, 2008
    ...1004, 126 S.Ct. 622, 163 L.Ed.2d 508 (2005); State v. White, 155 N.H. 119, 125, 920 A.2d 1216 (2007); People v. Reynoso, 2 N.Y.3d 820, 821, 781 N.Y.S.2d 284, 814 N.E.2d 456 (2004); State v. Wiggins, 648 S.E.2d 865, 871 (N.C.Ct.App.2007); State v. Smith, 162 Ohio App.3d 208, 214, 832 N.E.2d ......
  • People v. Garvin
    • United States
    • New York Court of Appeals Court of Appeals
    • October 24, 2017
    ...830, 928 N.E.2d 1027 ; see People v. Spencer, 29 N.Y.3d 302, 312, 56 N.Y.S.3d 494, 78 N.E.3d 1178 [2017] ; People v. Reynoso, 2 N.Y.3d 820, 821, 781 N.Y.S.2d 284, 814 N.E.2d 456 [2004] ; People v. Minley, 68 N.Y.2d 952, 953–954, 510 N.Y.S.2d 87, 502 N.E.2d 1002 [1986] ). The Supreme Court o......
  • People v. Garvin
    • United States
    • New York Court of Appeals Court of Appeals
    • October 24, 2017
    ...830, 928 N.E.2d 1027 ; see People v. Spencer, 29 N.Y.3d 302, 312, 56 N.Y.S.3d 494, 78 N.E.3d 1178 [2017] ; People v. Reynoso, 2 N.Y.3d 820, 821, 781 N.Y.S.2d 284, 814 N.E.2d 456 [2004] ; People v. Minley, 68 N.Y.2d 952, 953–954, 510 N.Y.S.2d 87, 502 N.E.2d 1002 [1986] ). The Supreme Court o......
  • People v. Harris
    • United States
    • New York Supreme Court — Appellate Division
    • July 28, 2011
    ...617, 786 N.Y.S.2d 545 [2004], lv. denied 4 N.Y.3d 763, 792 N.Y.S.2d 7, 825 N.E.2d 139 [2005]; see also People v. Reynoso, 2 N.Y.3d 820, 821, 781 N.Y.S.2d 284, 814 N.E.2d 456 [2004]; cf. People v. McEaddy, 41 A.D.3d 877, 879, 838 N.Y.S.2d 218 [2007] ). Specifically, the victim's statements w......
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9 books & journal articles
  • Hearsay
    • United States
    • James Publishing Practical Law Books New York Objections
    • May 3, 2022
    ...that are not hearsay because they are not offered to prove the truth of the matter asserted in the statement. People v. Reynoso , 2 N.Y.3d 820, 781 N.Y.S.2d 284 (2004). See §§5:20, 5:85, 5:180. In Crawford , the Supreme Court implied that business records would generally not be testimonial.......
  • Hearsay
    • United States
    • James Publishing Practical Law Books Archive New York Objections - 2019 Contents
    • August 2, 2019
    ...that are not hearsay because they are not ofered to prove the truth of the matter asserted in the statement. People v. Reynoso , 2 N.Y.3d 820, 781 N.Y.S.2d 284 (2004). See §§5:20, 5:85, 5:180. In Crawford , the Supreme Court implied that business records would generally not be testimonial. ......
  • Hearsay
    • United States
    • James Publishing Practical Law Books Archive New York Objections - 2021 Contents
    • August 2, 2021
    ...that are not hearsay because they are not ofered to prove the truth of the matter asserted in the statement. People v. Reynoso , 2 N.Y.3d 820, 781 N.Y.S.2d 284 (2004). See §§5:20, 5:85, 5:180. In Crawford , the Supreme Court implied that business records would generally not be testimonial. ......
  • Hearsay
    • United States
    • James Publishing Practical Law Books Archive New York Objections - 2014 Contents
    • August 2, 2014
    ...that are not hearsay because they are not offered to prove the truth of the matter asserted in the statement. People v. Reynoso , 2 N.Y.3d 820, 781 N.Y.S.2d 284 (2004). See §§5:20, 5:85, 5:180. In Crawford , the Supreme Court implied that business records would generally not be testimonial.......
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