People v. Cotto’s Empirical Analysis

Citation profile

9 federal appellate ·

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 21 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “Several reasons underscore the importance of cross-examination in this case. First, Echevarria was the only living witness against the defendant. The defendant’s freedom rested upon the strength and weakness of this sole witness’s testimony. The removal of defendant’s right to confront this sole witness against him was a fatal blow to defendant’s case. Second, a cross-examination of the witness could have brought forth the fact that the witness had a motive to support the People’s view of the evidence. According to defense counsel, cross-examination as to the timing of Echevarria’s statements inculpating the defendant would have revealed that these statements were made only during a period when Echevarria had a motive to fabricate. Specifically, the statements were made while there existed the possibility that cooperation with the People would speed his release from prison. Additionally, defense counsel argued that cross-examination could have revealed that the sole witness against the defendant was less than forthcoming on the stand in describing his prior offenses, and that in the witness’s initial discussions with the police investigators, he did not name the defendant as the shooter.”

   1 later decision quote this exact passage
   e.g. Cotto v. Herbert

2. “As already noted, under the law of New York a defendant whose misconduct causes the unavailability of an adverse witness forfeits his right to confront and cross-examine that witness on the substance of the out-of-court statements received in evidence as a consequence of the defendant’s misconduct. (People v. Geraci, supra, at 367 , 625 N.Y.S.2d 469 , 649 N.E.2d 817 .) In this case, however, it would seem appropriate to follow the Federal rule, which holds that the defendant who commits such misconduct forfeits his right of confrontation for all purposes as to that witness. (United States v. Aguiar, supra, at 47 .) No truth-serving function will be served by allowing defendant to cross-examine Echevarria on any subject, under the circumstances here presented. Because the jury will have before it Echevarria's live direct testimony as well as his out-of-court statements to the police, however, an appropriate limiting instruction will be given to the jury by the court.”

   1 later decision quote this exact passage
   e.g. Cotto v. Herbert