A defendant’s statements to determine suitability are not testimonial

People v. Franklin

People v. Franklin, 42 N.Y. 3d 157 (2024)

The primary purpose of interview of defendant by Criminal Justice Agency was not “testimonial” for confrontation clause purposes; primary purpose of interview and resulting report was administrative, not something tailored to establish or prove past events potentially relevant to later criminal prosecution; its objective was to give judge information pertaining to defendant’s suitability for pretrial release, not to elicit incriminating statements.