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The Decline of the Confrontation Clause in New York

By   /  June 1, 2012  /  6th Amendment, Constitutional Law, Criminal Procedure, Evidence 

Constitution on Flag

The First Department in Encarnacion made two highly controversial holdings on issues that did not need to be decided. First, the court’s holding continues the decline of what amounts to clear and convincing in New York. Second, the court’s holding now seems to be in contradiction with the Supreme Court’s decision in Bullcoming.

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