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

Summary

The New York Court of Appeals affirmed the conviction of Richard Cotto, holding that the People satisfied the clear‑and‑convincing burden at the Sirois hearing to admit the out‑of‑court statements of an intimidated witness, that Cotto forfeited his right to confront that witness on the substance of those statements, and that the victim’s statements were properly admitted as excited utterances. The Court found the evidence of intimidation credible and the excited‑utterance exception applicable, and it declined to overturn the trial court’s evidentiary rulings.