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Albany Law Journal of Science and Technology
Wrotten But Not Dead: High Court of New York Signals Legislature to Review Televised Testimony at Criminal Trial
21.0000000000000 ALB. L.J. SCI. & TECH. 193 (2011)
Michael S. Quinn
The next millennium is now. In 2004, Live Video Teleconferencing (VTC) testimony of an adult witness was used at criminal trial in the Bronx County Supreme Court. Pitting the policy interest of preserving the well-being of an infirmed elderly witness against a defendant’s right to face-to-face confrontation, a case of first impression was born. In late 2009, the New York State Court of Appeals reviewed People v. Wrotten, appraising the constitutionality of this technologically infused trial testimony. To resolve the appeal, the high court relied on the opinion of Supreme Court Justice Sandra Day O’Connor who stated in Maryland v. Craig that "[w]e have never held . . . that the Confrontation Clause guarantees criminal defendants the absolute right to a face-to-face meeting with witnesses against them at trial."