In People v. Dail, 69 AD3d 873, 894 N.Y.S.2d 78 (2d Dept 2010), the Appellate Division held that defendant's Sixth Amendment right to confront his accusers was not violated by the admission of lab reports prepared by the Nassau County Medical Examiner's Office where a foundation for the admission of the reports as business records was established through the testimony of a forensic geneticist employed by the Medical Examiner's Office. Id. at 874. "Moreover, business records 'are generally admissible absent confrontation ... because -- having been created for the administration of an entity's affairs and not for the purpose of establishing or proving some fact at trial -- they are not testimonial." Id. at 875 In Dail, the Appellate Division found that the reports were merely contemporaneously recorded facts that standing alone did not link the defendant to the crime. Id. The Court further explained: Rather, the critical determination linking the defendant to the crimes was made by the forensic geneticist who testified, based upon her analysis of data in the lab reports, that defendant's DNA was present on items recovered from the burglarized residences. Accordingly the lab reports were not testimonial in nature, and their admission through the forensic geneticist's testimony did not violate the defendant's right to confrontation. Id. at 875.