People v. Leon

In People v. Leon (10 NY3d 122, 884 NE2d 1037, 855 NYS2d 38 [2008]) the Court of Appeals came to a different conclusion when a fingerprint examiner's certificate was relied upon to support the People's burden of proof at a PVFO hearing. The defendant, Jose Leon, denied he was the same "Jose Leon" convicted under one of the violent predicate felony convictions set forth in the People's predicate statement. The fingerprint examiner's report concluded that the defendant was in fact the same Jose Leon previously convicted of that predicate crime. In Leon, the Court of Appeals rejected such reasoning, concluding that our legislature had not intended proof of predicate convictions to require live testimony, subject to cross-examination. The Court noted that CPL 400.15 (7) (a) was enacted in 1967, long before the Supreme Court's decision in Crawford. Leon stated: "Because, in our view, Crawford does not apply at sentencing proceedings, we decline to construe section 400.15 along with other hearsay statutes, which have always operated in tandem, in a way that yields unworkable results." Leon at 126.