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ADMISSION OF THE RESULTS OF A MACHINE GENERATED BLOOD TEST WITHOUT THE TESTIMONY OF THE OPERATOR OF THE MACHINE DID NOT VIOLATE THE CONFRONTATION CLAUSE.

The First Department determined the admission of a machine generated blood test for sexually transmitted disease, without the testimony of the technician who operated the machine, did not violate the confrontation clause. The court distinguished a recent Court of Appeals case, People v John, 2016 NY Slip Op 03208, which held an analyst who draws conclusions from raw data must testify before the relevant test results can be admitted:

The lab report at issue here was of the purely “machine generated” category, and the witness whose testimony defendant claims was required was, at best, a technician who tested the accuracy of the machine before placing the sample in it for testing. Under People v John and the U.S. Supreme Court cases on which it relies, the report generated by the machine should not be treated as testimonial, and the absence of testimony by the technician who calibrated the machine did not violate defendant’s Sixth Amendment right of confrontation. “[T]he testing and procedures employed . . . were neither discretionary nor based on opinion; nor did they concern the exercise of fallible human judgment over questions of cause and effect” … . In addition, contrary to defendant’s argument, the report did not directly link him to the crimes, since the “test results, standing alone, shed no light on the guilt of the accused” … , notwithstanding that they provided circumstantial evidence of guilt in light of other evidence. People v Alcivar, 2016 NY Slip Op 04329, 1st Dept 6-7-16

CRIMINAL LAW (ADMISSION OF THE RESULTS OF A MACHINE GENERATED BLOOD TEST WITHOUT THE TESTIMONY OF THE OPERATOR OF THE MACHINE DID NOT VIOLATE THE CONFRONTATION CLAUSE)/EVIDENCE (CRIMINAL LAW, ADMISSION OF THE RESULTS OF A MACHINE GENERATED BLOOD TEST WITHOUT THE TESTIMONY OF THE OPERATOR OF THE MACHINE DID NOT VIOLATE THE CONFRONTATION CLAUSE)/CONFRONTATION CLAUSE (ADMISSION OF THE RESULTS OF A MACHINE GENERATED BLOOD TEST WITHOUT THE TESTIMONY OF THE OPERATOR OF THE MACHINE DID NOT VIOLATE THE CONFRONTATION CLAUSE)/MACHINE GENERATED BLOOD TEST RESULTS (CRIMINAL LAW, ADMISSION OF THE RESULTS OF A MACHINE GENERATED BLOOD TEST WITHOUT THE TESTIMONY OF THE OPERATOR OF THE MACHINE DID NOT VIOLATE THE CONFRONTATION CLAUSE)

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