Opinion
18 CIVIL 11038 (CM) (SLC)
06-03-2020
JAMES GARLICK, Petitioner, v. SUPERINTENDENT WILLIAM LEE, Eastern Correctional Facility, Respondent.
JUDGMENT
It is hereby ORDERED, ADJUDGED AND DECREED: That for the reasons stated in the Court's Decision and Order dated June 2, 2020, I hereby adopt the following conclusions from the R&R: (i) the Autopsy Report was testimonial; (ii) surrogate testimony from a qualified expert in medical examination was not a sufficient substitute for cross examination; (iii) the First Department's ruling on the testimonial nature of the autopsy report was incorrect under Supreme Court precedent; and (iv) the trial court's admission of the autopsy report without providing Garlick the opportunity to confront the medical examiner who prepared it did not constitute harmless error. I do not adopt the portion of the R&R recommending denial of the petition on the grounds that the First Department's decision was not an unreasonable application of clearly established law. Garlick's habeas petition is granted; Accordingly, Respondent is directed to release Garlick from custody unless the People of the State of New York decide to re-try him within the next ninety days; because the petition was granted, there is no need to issue a Certificate of Appealabilty for purposes of appeal, this case is closed. DATED: New York, New York
June 3, 2020
RUBY J. KRAJICK
Clerk of Court
BY: /s/ _________
Deputy Clerk