People v Mackey (Reginald)

[*1] People v Mackey (Reginald) 2007 NY Slip Op 51664(U) [16 Misc 3d 136(A)] Decided on August 30, 2007 Appellate Term, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and will not be published in the printed Official Reports.

Decided on August 30, 2007
APPELLATE TERM OF THE SUPREME COURT, FIRST DEPARTMENT
PRESENT: McKeon, P.J., Davis, Klein Heitler, JJ
570056/05.

People of the State of New York, Respondent,

against

Reginald Mackey, Defendant-Appellant.

Defendant appeals from a judgment of the Criminal Court of the City of New York, New York County (A. Kirke Bartley, Jr., J.), rendered January 7, 2005, after a jury trial, convicting him of assault in the third degree, endangering the welfare of a child, and harassment in the second degree, and imposing sentence.

PER CURIAM:

Judgment of conviction (A. Kirke Bartley, Jr., J.), rendered January 7, 2005, affirmed.

The statements made by the nontestifying victim immediately after she flagged down the police, describing the nature and location of the assaultive conduct in response to the police inquiries as to "what was wrong," were not testimonial in nature, and their admission did not violate defendant's confrontation rights under Crawford v Washington, 541 US 36 (2004) (see People v Bradley, 8 NY3d 124 [2006]; People v Smith, 37 AD3d 333 [2007], lv denied 8 NY3d 950 [2007]).

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
Decision Date: August 30, 2007