New York Court of Appeals

The People of the State of New York, Appellant v. Juwanna Wrotten, Respondent

December 15, 200914 N.Y.3d 33

Summary

The New York Court of Appeals held that the trial court had authority under its inherent powers and Judiciary Law §2‑b(3) to permit live two‑way video testimony of an elderly, infirm witness absent any specific legislative authorization, and that such testimony did not violate the defendant’s federal or state confrontation rights; the Court reversed the Appellate Division and remanded for further factual findings. The opinion notes dissenting judges who argued the lack of statutory authority and a constitutional violation.