AD4: fingerprint affidavit not admissible at PVFO hearing

People v Wright, 2006 NY Slip Op 08459 [available here]

Applying People v Williams (see my previous post here) for the first time, the Fourth Department holds in Wright that “the court erred in admitting the affidavit of the People’s fingerprint expert at his persistent felony offender hearing.” (See Wright, 2006 NY Slip Op 08459, citing Crawford v Washington, 541 US 36, 51-52.) Unfortunately and also like in Williams, the court found that the remaining proof was sufficient to establish the defendant’s prior felony convictions. (Id.)