The People of the State of New York, Respondent v. Richard Cotto, Appellant

Summary

The Court affirmed the conviction, holding that the People met the clear‑and‑convincing burden at the Sirois hearing, so the witness’s out‑of‑court statements were admissible and the defendant forfeited his right to cross‑examine on their substance, and that the victim’s statements qualified as excited utterances. The dissent argued that the trial court improperly applied a federal rule and deprived the defendant of his confrontation right.