People v Drummond
2006 NYSlipOp 08144
November 8, 2006
Appellate Division, Second Department
As corrected through Wednesday, January 17, 2007


The People of the State of New York, Respondent,
v
Wade Drummond, Appellant.

[*1]

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Marrus, J.), rendered March 18, 1998, convicting him of menacing in the second degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

The defendant contends that the admission into evidence of a tape of a 911 emergency telephone call in which the complainant sought help in an ongoing emergency situation violated his right under the Confrontation Clause. Since the defendant failed to object with sufficient specificity that the admission of the 911 tape violated his Sixth Amendment right of confrontation, he failed to preserve the issue for appellate review (see People v Gray, 86 NY2d 10, 19-21 [1995]; People v Marino, 21 AD3d 430, 431 [2005]). In any event, admission of the complainant's statements to the 911 operator did not violate the defendant's right of confrontation because the statements were not testimonial (see Davis v Washington, 547 US —, 126 S Ct 2266 [June 19, 2006]; People v Marino, supra). Finally, because the defendant was afforded "meaningful representation" at trial, his ineffective assistance of counsel argument must fail (see People v Benevento, 91 NY2d 708, 712 [1998]). Schmidt, J.P., Adams, Dillon and Covello, JJ., concur.


NYPTI Decisions © 2026 is a project of New York Prosecutors Training Institute (NYPTI) made possible by leveraging the work we've done providing online research and tools to prosecutors.

NYPTI would like to thank New York State Division of Criminal Justice Services, New York State Senate's Open Legislation Project, New York State Unified Court System, New York State Law Reporting Bureau and Free Law Project for their invaluable assistance making this project possible.

Install the free RECAP extensions to help contribute to this archive. See https://free.law/recap/ for more information.