New York Court of Appeals

The People of the State of New York, Appellant v. Stephen M. Pacer, Respondent

March 28, 20066 N.Y.3d 504

Summary

The New York Court of Appeals affirmed the Appellate Division’s reversal of the aggravated unlicensed operation conviction because the DMV affidavit was testimonial and its admission violated the Confrontation Clause, and it also affirmed that the trial court erred by not charging the lesser included offense of unlicensed operation.