New York Court of Appeals

The People of the State of New York, Respondent v. Andrew Goldstein, Appellant

December 20, 20056 N.Y.3d 119

Summary

The Court of Appeals reversed Andrew Goldstein's murder conviction and remanded for a new trial because the admission of out‑of‑court statements through the prosecution's expert violated the Sixth Amendment Confrontation Clause. The Court also held that the expert testimony was admissible under New York law, that the error was not harmless, and that the trial court's rulings on the defense expert and PET scan were proper. Justice Read dissented, arguing that any Crawford error was harmless and the conviction should be affirmed.