Criminal procedure (Crawford hearing)
Declined to hold a hearing on a defendant's claimed interest in an apartment
People v Diaz (2025 NY Slip Op 51760(U)) · Nov. 10, 2025
Decided the motion as a judge sitting in the Criminal Court of the City of New York, Kings County.
Declined to hold the hearing, finding that the defendant had no substantial property interest in the apartment, so there was nothing for a hearing to examine.
What this tells you
Sets out what property interest a defendant must show before this kind of hearing is held.
Case context & history
The question: Whether to hold a Crawford hearing (a hearing on a defendant's property interest in a home) for a defendant who lived, without a lease or similar agreement, in an apartment belonging to the complaining witness's parents.
Outcome / stage: The defendant's motion was denied.
The hearing had been scheduled by the judge who presided over the defendant's arraignment; the parties appeared for it on Oct. 29, 2025.
Subsequent history: No appellate decision reviewing this ruling was found as of Sept. 29, 2026.