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
| Court | Appellate Division, Second Department |
|---|---|
| Decided | October 7, 2026 |
| Citation | 2026 NY Slip Op 05803 |
| Area of law | Criminal Law |
| Week | Week ending October 10, 2026 |
| Official text | Official decision: 2026 NY Slip Op 05803 |
| Publication status | Slip opinions are uncorrected and subject to revision before publication in the Official Reports. |
| Source feed | New York slip opinion page |
| Law Watch record id | 1026 |
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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