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Appellate Division, Second Department · October 7, 2026 · 2026 NY Slip Op 05803

People v Benson

Read the official decision: 2026 NY Slip Op 05803

Holding The court affirmed the conviction, finding that the evidence was legally sufficient and not against the weight of the evidence. The court also held that the admission of testimony regarding a confidential informant did not violate the Confrontation Clause because it was used to show the officers’ state of mind rather than for its truth.

The court’s words

The [Confrontation] Clause [of the United States Constitution] does not bar the use of testimonial statements for purposes other than establishing the truth of the matter asserted

2026 NY Slip Op 05803, at the official text

testimony that the officers had previously received information that the defendant kept a firearm in a bag in his bedroom was received not for its truth

2026 NY Slip Op 05803, at the official text

the scope of cross-examination is within the sound discretion of the trial court, which may limit cross-examination when, as here, questions are irrelevant

2026 NY Slip Op 05803, at the official text

the evidence was relevant, and 'not so inflammatory that its prejudicial effect exceeded its probative value'

2026 NY Slip Op 05803, at the official text
CourtAppellate Division, Second Department
DecidedOctober 7, 2026
Citation2026 NY Slip Op 05803
Area of lawCriminal Law
WeekWeek ending October 10, 2026
Official textOfficial decision: 2026 NY Slip Op 05803
Publication statusSlip opinions are uncorrected and subject to revision before publication in the Official Reports.
Source feedNew York slip opinion page
Law Watch record id1026

Recommended citation

ESQ HQ, New York Law Watch, People v Benson, 2026 NY Slip Op 05803 (Appellate Division, Second Department, October 7, 2026), https://esqhq.com/decisions/2026-ny-slip-op-05803/

How this record was made

Holding drafted by Law Watch’s in-house model, graded by three reviewers; every quotation verified word for word against the official text.

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Published October 7, 2026. Updated October 7, 2026.