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The respondents argued this position below, but on further review have withdrawn their argument, agreeing with Bierenbaum that he presented his constitutional claim in his letter brief submitted to the New York Court of Appeals on December 10, 2002. Relief and SorrowWhen the verdict was read, the victims sister, Alayne Katz ofIrvington, N.Y., burst into tears and slumped over the leg of herbrother, Steven, shaking and sobbing. Under the circumstances, it was reasonable for defense counsel not to call Alvarez. And as always, patient privacy and confidentiality remain of the utmost importance. 2005 - 2023 WebMD LLC. Bierenbaum had graduated from medical school in 1978, and was a surgical resident at Maimonides Medical Center in Brooklyn, New York. He is a member of the UC San Diego Health Physician Network. The petition was denied on March 9, 2006. asked Stephanie, a bookkeeper in town who was treated by Dr. Bob and who asked that her last name not be used. Surgery, Internal Medicine. We addressed this point in connection with counsel's mistake in referring to a forensic examination in his opening statement, and found no prejudice. 06 Civ. United States v. Langella, 776 F.2d 1078, 1083 (2d Cir.1985) (citing Lovasco, 431 U.S. at 790); accord United States v. Cornielle, 171 F.3d 748 (2d Cir.1999). In the 15 years since his wife, Gail Katz-Bierenbaum, disappeared, Dr. Bierenbaum remarried, had a baby girl and built a thriving medical practice in Minot, N.D. Bierenbaum does not suggest that counsel should not have stressed the lack of evidence, or should not have mentioned that searches of the apartment, cars and airplane turned up nothing. Some say that doctors come here fleeing lawsuits, bouts with drugs and alcohol and strange gaps in their resumes. The Appellate Division concluded that the trial court's cautionary instructions about the prior assault evidence were legally satisfactory and adequately protected Bierenbaum's right to a fair trial. His arrest came nearly 15. He contends that the videotapes lacked any foundation in the evidence and were based on speculation. Defense counsel did not call two individuals whom Bierenbaum contends witnessed Katz leaving the apartment and the building in accordance with his narrative of events on July 7, 1985. One of the main reasons is because the defendant wouldn't let them search the apartment. Doctoral Student: Professors are approachable and dedicated, as well as being experts in their respective fields. Alayne Katz testified that her sister told her about a letter she had received from Bierenbaum's psychiatrist warning her about Bierenbaum's potential for dangerousness and advising her to move out. DeCesare testified that Katz told her that Bierenbaum had threatened to kill her if she left him. We're a team that goes into neighborhoods working to stop the spread of HIV through education, prevention, and testing events. Rivera's testimony was not particularly damaging to Bierenbaum's case. The state court's conclusion was a reasonable application of Strickland. ''It's the loss of his life and the good he does to help other people. Bierenbaum, 44, clasped his hands in front of him and loweredhis head when the verdict was read by the jury forewoman inManhattan State Supreme Court. In his petition he alleged that he was denied his Sixth Amendment right to effective assistance of counsel, and that admission of numerous hearsay statements violated his Sixth Amendment right to confront witnesses against him. He advised O'Malley that their building doorman, Edgar, had seen Katz leave at about 11 a.m. on July 7. ABC's '20/20 portrays how Robert Bierenbaum did not seem affected by his wife Gail Katz's disappearance in July 1985. If you are uninsured or underinsured, or need a referral to a doctor or dentist, call our Affordable Health Line at 585-328-7000. He does not tr[y] to defuse the situation. See People v. Bierenbaum, 850 N.E.2d 674 (N.Y.2006). Dr. Bob Robert "Bob" Bierenbaum loved planes from the moment he came to understand what one was. Segalas said she is the one who made the connection. Hirsch also stated that a body could be disarticulated at the joints, a simple process that someone trained in anatomy could accomplish in ten minutes. In a December parole hearing, however, Bierenbaum,. Law 470.05[2]. it is a first professional graduate degree awarded upon graduation from medical school. The motion was denied. Chokes her much harder than when he had only strangled her to unconsciousness. RochesterHealth.com is a nonprofit 501(c)(3) community-centered website serving as a connection to Rochester-area healthcare resources. They confronted Dr. Bierenbaum on the steps of the Trinity clinic, but he invoked his right to counsel. University of New England, College of Osteopathic Medicine, Certifications:American Osteopathic Board of Emergency Medicine. Counsel suggested in his opening statement that You will also learn that she had a drug issue and you will learn at least one of the lovers Gail Katz Bierenbaum took behind Dr. Bierenbaum's back was also someone she shared drugs with, and you will learn it from his own testimony. Trial Tr. This was the same year that a partial female body washed ashore in Staten Island, New York. The state court weighed the five Taranovich factors and concluded that if defense counsel had moved to dismiss the indictment, the motion would unquestionably have been denied. Pablo Alvarez was employed at the apartment building in 1985. Penal Law 125.25[1]. If the jury harbored a reasonable doubt concerning Bierenbaum's guilt, an instruction on jurisdiction would not have assisted the defense. Moreover, it was a reasonable trial strategy to establish a forthright relationship with the jury, by conceding what the defense did not have evidence to contest. Decker, 912 N.E.2d at 1043 (quoting People v. Taranovich, 335 N.E.2d 303, 306 (N.Y.1975)). Given that the videotapes were neither speculative nor lacking in foundation, counsel was not ineffective for failing to object to their admission on that basis. The Appellate Division ruled that the statements bore numerous hallmarks of reliability: She was speaking spontaneously; she repeated the statements separately to various people in her life; her statements about the troubled side of their marriage were a natural consequence of corroborated facts about their marriage; she was, by all indications, in good mental health; there appears no reason for her to have fabricated the matters she discussed at the time of her utterances; and her statements largely concerned private matters that some would be embarrassed or otherwise reluctant to disclose. Katz's friend Yvette Feis was in the apartment several days after Katz was reported missing, noticed that the living room rug was gone and asked about it. Darrel Williams, a prominent eye surgeon and one of Dr. Bierenbaum's closest friends here, recalled of that morning, ''He looked a little haggard and seemed to be rushing around.'' Bierenbaum argues that even if it were within the range of reasonable strategic choices to concede that Katz was dead, it was not reasonable to concede that she died on the Sunday she disappeared. See Galdamez v. Keane, 394 F.3d 68, 78 (2d Cir.2005) (reaching the merits of petitioner's confrontation clause claim where briefs and leave application, fairly construed, raised the issue). Although he followed in the footsteps of his father Dr. Marvin Bierenbaum by becoming a surgeon, he never gave up his dream of becoming the first Jewish astronaut. The police searched for Katz between her apartment and Central Park and found no trace of her. His anger at his wife. In fact, the police were not permitted to conduct a forensic search of the apartment. A strong piece of the defense was the fact that there was no physical evidence to link Bierenbaum to the crime. Leave to appeal to the New York Court of Appeals was denied on March 10, 2003. Robert Bierenbaum (born July 22, 1955) is an American former plastic surgeon and convicted murderer. The things you loved about AIDS Care have not changed as a result of our name change. Your recollection controls. Katz told her that she was looking for an apartment and that she was going to tell her husband that weekend that she was leaving. Its open wheat fields, quiet ways and uncritical embrace of strangers drew two such outsiders here in 1996, a doctor couple from New York and California who had both practiced medicine in Las Vegas. Contact us. To his friend he related that he and Katz had an argument that morning and that she had left the apartment to sunbathe in Central Park wearing shorts, sandals and a halter top. Dr. Kenneth Feiner developed a romantic relationship with Katz in the months prior to her disappearance. Dr. Bierenbaum graduated from the Albany Medical College in 1978. He has 26 years of experience. By last December, the life he had built was over. Failure to move for dismissal on the ground of insufficient evidence of specific intent to kill. He only stopped when she was dead We think about the intimacy of strangulation. After the verdict,Snyder ordered him jailed to await sentencing. None of the alleged errors, individually or collectively, amount to constitutionally deficient representation. But Dr. Bierenbaum had a strong record, excellent training and appeared to have an unblemished past, Mr. Schwann recalled, until New York City investigators, accompanied by Mr. Maixner, arrived in November 1998 to look into some issues. At that time the police had not searched his apartment or car. Loma Linda, CA . Bierenbaum told O'Malley that he and Katz had a mild argument Friday night which continued on Saturday, whereupon Katz told him that she was going to Central Park to cool off at about 11 a.m. Bierenbaum said that he had spent some time at the apartment waiting for Katz to return, but then left at some point to visit his family in New Jersey. Close to midnight that evening Bierenbaum telephoned Dr. Yvette Feis, one of Katz's friends, asking if she knew where Katz was. Janet and the baby are fine. USC's Keck School of Medicine and UCI's Susan and Henry Samueli College of Health Sciences . Please verify insurance information directly with your doctor's office as it may change frequently. In fact, Bibb said, Bierenbaum knew very well that his wife wasdead. Bierenbaum told Feis that they had had an argument, that she had gone to Central Park and not returned, and that she was still missing when he returned from a family party in New Jersey. The decision not to call a particular witness is typically a question of trial strategy. Greiner v. Wells, 417 F.3d 305, 323 (2d Cir.2005) (quoting United States v. Luciano, 158 F.3d 655, 660 (2d Cir.1998) (per curiam)). Cardiovascular Disease, Internal Medicine. 1200 S Columbia Rd, Grand Forks, ND, 58201. 9. Bierenbaum said no. Katz did not keep her regularly scheduled psychotherapy appointment on July 8. Gail Katz and Robert Bierenbaum were married in August 1982. He told O'Malley that Katz was depressed and suicidal. Dr. Stephanie Youngblood, a chiropractor who lived with Bierenbaum from 1990 to 1993, testified that Bierenbaum told her that Katz had a drug problem, was having extramarital affairs, and that he felt her death was drug-related: [h]e felt she went to Central Park to hang out with her druggie friends.. 6. Francesca Beale, a former employer, testified that in a telephone conversation in 1983, Katz said that her husband had a terrible temper, that she was afraid of him. Learn more about FindLaws newsletters, including our terms of use and privacy policy. ''The guy was super nice,'' said Jason Naylor, a fellow pilot. Bibb said Bierenbaum put his wifes corpse in a large duffelbag, drove it to a New Jersey airport, took the body up in a Cessna172 and dropped it into the ocean somewhere between Montauk, onLong Island, and Cape May, N.J. 24/7 coverage of breaking news and live events. About Robert Bierenbaum . Dr. Robert Biernbaum is a Emergency Medicine Physician in Victor, NY. Dr. Baran denied that she'd had such a conversation with Bierenbaum and denied that Katz was suicidal. He testified that Katz discussed with him her wish to leave her husband, their constant fights and arguments, and one argument during which Bierenbaum put his hands to her neck. Bierenbaum, currently a resident of Grand Forks, N.D., faces amaximum term of 25 years to life in prison when he is sentencedNov. Dr. Robert Bierenbaum, then 39, an intense New Yorker with piercing eyes and an in-your-face manner, seemed misplaced amid the brawny and laconic citizenry. Bierenbaum told Dalsass that he had awakened at approximately 9:30 Sunday morning, that Katz had received a telephone call from an acquaintance that disappointed her, and that she left at about 11 a.m. after an argument, telling him that she intended to go to Central Park to get some sun. He told the detective that he remained at home until approximately 5:30 p.m., when he left for New Jersey. To the owner of Bierenbaum's vacation rental property in South Hampton, he speculated that Katz had a drug problem and that she had disappeared with drug dealers. Although Bierenbaum did not express any concern about his wife at the party, later that evening at a friend's house he appeared distraught and called the apartment a couple of times. Prior to trial Bierenbaum's attorney moved to dismiss the indictment, contending that the evidence presented to the grand jury failed to prove that New York had jurisdiction to prosecute him for the murder, because assuming that Katz was dead, there was no evidence that her death occurred in New York. She should have made her appointments, she should have been where she said she would be and she could have come home but she didn't and that's why we can tell you that she is dead. vol. Relevant factors include spontaneity, repetition, the mental state of the declarant, absence of motive to fabricate, unlikelihood of faulty recollection and the degree to which the statement was against the declarant's interest. Copyright 2023, Thomson Reuters. 2254(d); see also, e.g., Brown v. Alexander, 543 F.3d 94, 100 (2d Cir.2008). Robert Bierenbaum, a former plastic surgeon who was convicted of murdering his wife in 2000, finally confessed to killing her and throwing her body out of an airplane after more than three decades of maintaining his innocence. Defense counsel decided not to call Alvarez. We therefore conclude that the state courts were fairly alerted to the constitutional claim, Bierenbaum has exhausted his available state remedies with respect to the claim, and we may reach the merits of the claim. '' The next day, the news hit that he was in New York and under arrest for murder. Under 2254(d)(1), a state-court decision is contrary to clearly established Supreme Court precedent if its conclusion on a question of law is opposite to that of the Supreme Court or if the state court decides a case differently than the Supreme Court's decision on a set of materially indistinguishable facts. Id. See United States v. Lovasco, 431 U.S. 783, 789 (1977). ''Ten years ago we were a hospital, and now we're a health system,'' Schwann said, with 80 physicians, 7 community clinics and eye-care and mental-health programs. The defendant and his attorney stopped the cops from doing a complete forensic search on the apartment. Dr. Robert M Biernbaum - Rochester NY, Emergency Medicine at 259 Monroe Ave. A petitioner has fairly presented his claim only if he has informed the state court of both the factual and the legal premises of the claim he asserts in federal court. Jones v. Keane, 329 F.3d 290, 294-95 (2d Cir.2003) (internal quotation marks omitted) (quoting Dorsey v. Kelly, 112 F.3d 50, 52 (2d Cir.1997)). Bierenbaum, 44, was charged Tuesday with murdering Katz, loading her body into his twin-engine plane and flying out over the Atlantic to dump her in a watery grave. Kasenbaum saw Katz on the day before she disappeared. One of his duties was to relieve the doorman at lunchtime. [Bierenbaum] tells Karen Caruana, You know the cops searched my apartment. IV, 3194, 3227-28. The location you tried did not return a result. He works in Grand Forks, ND and specializes in Surgery and. Bierenbaum had been out on $500,000 bail. visit www.rpcn.org. On cross-examination Davis admitted that he had told an investigator for the defense that the woman he'd seen was tall and statuesque, and explained that he had confused his description of the missing woman by likening her to two different women, one tall with her face and one short with her body. Katz told her about an incident, precipitated by smoking, when Bierenbaum became enraged and attempted to strangle her. A New Life Re-examined; After Murder Verdict, Town Questions Doctor, https://www.nytimes.com/2000/10/30/nyregion/a-new-life-re-examined-after-murder-verdict-town-questions-doctor.html. Michelle Kaszuba on the investigation of Gail Katz-Bierenbaum's disappearance, and her husband's murder trial. III, 2820, Oct. 12, 2000. She states that on the morning Katz disappeared, Katz was screaming at someone. WebMD does not provide medical advice, diagnosis or treatment. In September 1986 Hope Martin, an investigator from the District Attorney's office, was assigned to investigate Katz's disappearance. Though Katz's body has never been found, Bierenbaum was found guilty of . When O'Malley followed this up in a second conversation, Bierenbaum said that Edgar was now not sure whether he'd seen her on that or another day. Bierenbaum does not dispute that Alvarez told the authorities in July 1985 that he did not recall seeing Katz on July 7, and that he did not remember how she was dressed the last time he did see her. N E W Y O R K, Oct. 24, 2000 -- Dr. Robert Bierenbaum, a plastic surgeon who wascharged with killing his wife 15 years ago and dropping her bodyinto the ocean from an airplane, was convicted today ofsecond-degree murder. McCullough testified that Katz told her that her husband had gotten angry at her and choked her because she had been smoking a cigarette. Rather, the tape's contents clearly demonstrate the feasibility of the People's theory of this case, a theory which all of the circumstantial proof together overwhelmingly shows. Bierenbaum, 748 N.Y.S.2d at 589 (dictum). This Court granted a certificate of appealability on September 23, 2008. Las mejores ofertas para 1975 Foto de prensa del Dr. Robert L. Tuttle, Facultad de Medicina de la Universidad de Texas estn en eBay Compara precios y caractersticas de productos nuevos y usados Muchos artculos con envo gratis! To prevail on such a claim under federal law, Bierenbaum must prove that the delay resulted in actual prejudice and that the prosecution's reasons for the delay were improper. A reasonable probability is a probability sufficient to undermine confidence in the outcome. Id. Bierenbaum called her therapist and others on that day asking if they had seen her. The same compassionate staff continues to provide personalized service in the same warm, caring atmosphere you have come to expect. Dr. Bierenbaum carried on as a good citizen, writing an article in The Grand Forks Daily Herald about how to avoid snowblower injuries. Investigators with the Manhattan district attorney's office arrested him in Minot, and gave him 48 hours to return to New York and surrender. The defense called one witness, Joel Davis. On February 25, 2008, the district court denied the petition without conducting an evidentiary hearing. He completed his Residency in Emergency Medicine from Genesys Regional Medical Center. Depending on your income and household size, we can help you qualify for Child Health Plus, Family Health Plus, Medicaid, Healthy New York, EPIC, or the RPCN Community Health Care Plan. Mr. Berg recalls it as the most remarkable experience of his life, one that ''fulfills a person's reason for being here.''. Please try again. It was consistent with that theory to concede her death on July 7. The videotapes were subsequently offered into evidence without objection. Currently incarcerated, Bierenbaum appeals from the February 26, 2008 judgment of the United States District Court for the Southern District of New York (Sweet, J.) Being essentially softhearted, though, he e-mailed Dr. Bierenbaum before the trial to wish him good luck and got a brief response: ''Thanks. Proactive and Reactive LiesDuring the trial, defense lawyer David Lewis denounced theprosecutions murder theory as guesswork since there are noeyewitnesses or physical evidence in the death of Katz-Bierenbaum.Lewis said Katz-Bierenbaum is probably dead, but he stated thatnobody knows how or why. Dr. Roberta Karnofsky, an anesthesiologist, had a year-long relationship with Bierenbaum beginning in fall 1985, while she was a medical student under his supervision. Bierenbaum claims that his counsel was ineffective because his motions did not specify that he was challenging the element of intent to kill, and that therefore he could not seek review of this claim on direct appeal. When O'Malley asked him why he waited until the evening of the following day to report Katz missing, Bierenbaum stated that he felt she would return, and when she didn't friends advised him to notify the police. Bierenbaum's only witness was Joel Davis, who saw a poster of the missing Katz and reported sighting her on a Manhattan street on the afternoon of Sunday, July 7. Katz moved out and lived for a time with her grandfather. Please enter a valid 5-digit Zip Code. Regardless of whether counsel's performance was deficient in failing to secure Sherman's testimony, Bierenbaum cannot show prejudice. Although on this record the Appellate Division could have found a claim of lack of intent to kill unpreserved, it addressed the legal sufficiency of both elements of second degree murder: The People proved beyond a reasonable doubt that this defendant had the opportunity, the motive, and the intent to kill his victim, and that it was he who did so. Bierenbaum, 748 N.Y. S.2d at 579. He said, 'I just have a lot on my mind.' Dr. Ellen Schwartz, a close friend from graduate school, testified that Katz told her she was afraid of her husband, and that she was planning to leave him soon. When a state court has adjudicated the merits of a petitioner's claim, a federal court may grant an application for a writ of habeas corpus only if the adjudication of the claim-(1) resulted in a decision that was contrary to, or involved an unreasonable application of, clearly established Federal law, as determined by the Supreme Court of the United States; or (2) resulted in a decision that was based on an unreasonable determination of the facts in light of the evidence presented in the State court proceeding. 28 U.S.C. Not only that's not disputed by us, but that she likely died some time on July 7, 1985. Trial Tr. Prior to that date he had not been permitted to enter the apartment. Bierenbaum argues that the Dalsass testimony was inadmissible absent defense counsel's remark, and the prosecution could not therefore have used it in summation. His wife, Gail Katz-Bierenbaum, 29, vanished on July 7, 1985.Her body was never recovered, and the prosecutions case was basedmainly on circumstantial evidence. Feb. 25, 2008). Robert Biernbaum Do 259 Monroe Ave, Rochester, NY, 14607 8 other locations (585) 754-7858 Overview Locations OVERVIEW Dr. Biernbaum graduated from the University of New England College of. Dr. Robert Bierenbaum . No one, other than Bierenbaum, reported seeing Katz after July 6. The sufficiency of the evidence, however, is not before us. Defense counsel made no contemporaneous objection, but after the summation and before the jury charge he moved for a mistrial on that and other grounds. ''Most people don't know that Minot, North Dakota, is on the face of the map, so why come here?'' Bierenbaum claims that he was denied his Sixth Amendment right to effective assistance of counsel at trial, and that the admission at trial of numerous out-of-court statements made by the victim violated the Confrontation Clause of the Sixth Amendment. Robert BIERENBAUM, Petitioner-Appellant, v. Harold D. GRAHAM, The Superintendent of Auburn Correctional Facility, Andrew Cuomo, Attorney General State of New York, Respondents-Appellees. Bierenbaum now argues that his counsel was ineffective for failing to properly object to the admission of the videotapes. Bierenbaum repeated that he had remained in the apartment all day until 5:30 p.m., when he left for the family party in New Jersey, arriving there at approximately 6:30 p.m. The United States Supreme Court decisions in Crawford and Davis v. Washington, 547 U.S. 813 (2006), confined the scope of the Confrontation Clause to testimonial statements. In another conversation Katz told DeCesare that she and Bierenbaum had discussed the Claus von Bulow case, and that Bierenbaum had said the problem with the case was that von Bulow left evidence and that he would leave no evidence. Assuming that Katz's statements were admitted for the truth of the matters asserted,2 they meet the Roberts standard for admissibility. ''And people would just be like, 'Hey buddy, don't touch me. He is a native Rochesterian with roots in Pittsford and Victor. I join Judge Sessions's opinion fully because I believe it to be correct on the law. I believe the representation given to Appellant by his trial counsel left a lot to be desired, though, for the reasons stated in Judge Sessions's opinion, it does not ultimately amount to constitutionally inadequate representation. Before leaving town, Dr. Bierenbaum stopped in at Pietsch's to pay a bill. ''We're so sparsely populated around here,'' he said, ''we even have to import our criminals.''. He was awaiting trial at his parents' home in East Orange, N.J., while his wife and daughter were in Pittsburgh. Albany Medical College ; We disagree. She also testified that they had many times discussed Katz separating from her husband. During the trial defense counsel unsuccessfully attempted to serve Sherman, who had moved to Arizona. FindLaw.com Free, trusted legal information for consumers and legal professionals, SuperLawyers.com Directory of U.S. attorneys with the exclusive Super Lawyers rating, Abogado.com The #1 Spanish-language legal website for consumers, LawInfo.com Nationwide attorney directory and legal consumer resources. Prior to MultiCare, Biernbaum was Rochester Regional Health System's chief architect for all Epic solutions and in charge of informatics for five hospitals and more than 100 ambulatory sites. It ranks in the top 20 in the United States for both research and primary care. The search was thus limited to the scope of the permission given. gofrom the doctor to the pharmacist,primary care physician to a specialist, or a radiology center to the emergency room. IV, 3212, Oct. 23, 2000. The probable truth, Bibb said, is that Bierenbaum strangled hiswife in their Upper East Side Manhattan apartment after she toldhim she was leaving their loveless and sometimes violent marriagefor another man. [T]he question of whether a federal constitutional question was sufficiently asserted in state courts to form the basis of a federal habeas petition is a question of federal law which the federal courts must resolve for themselves. Acosta v. Artuz, 575 F.3d 177, 185 (2d Cir.2009) (quoting DiSimone v. Phillips, 461 F.3d 181, 189 (2d Cir.2006)). Defense counsel did not move to dismiss the indictment for undue delay. On direct appeal, Bierenbaum contended that the trial court erroneously admitted videotapes, demonstrating how a pilot can, without assistance, place a flight bag loaded with one hundred ten pounds of weight into a Cessna 172, fly the plane over the ocean and push it out. Given the seriousness of the charge, the circumstantial nature of the evidence, and no evidence of any improper motive on the part of the prosecution, the motion had no chance of success. The next morning he went to work, and that evening reported Katz missing. art. At the close of its opinion, the Appellate Division disposed of the arguments it did not address as follows: We have examined defendant's remaining contentions and find them unavailing. Bierenbaum, 748 N.Y.S.2d at 589. Thus, Bierenbaum's challenge to the admission of Katz's statements must be evaluated under Roberts. It was a reasonably defensible legal strategy to conclude that on the state of the evidence at trial the jury should be asked to make a choice between two, not three theories of the case. Bierenbaum said that she had gone out earlier in the day and had not returned to their apartment. On appeal to the Appellate Division, First Department, Bierenbaum presented, among other questions, the following: Whether Dr. Bierenbaum was denied a fair trial by the improper admission of widespread testimony recounting statements purportedly made by Ms. Bierenbaum, which did not satisfy any hearsay exception or the confrontation clause of the state and federal constitutions ? Similarly, in his letter seeking leave to appeal to the New York Court of Appeals, he argued that leave should be granted to review the admissibility of background evidence through hearsay declarations, whether in domestic violence cases or otherwise, and to consider whether admission of such evidence denies a defendant his state and federal rights of confrontation.. vol. We're a special place where you'll receive the best HIV/AIDS medical care, prevention, and support services available today from experts who are recognized worldwide for their innovative treatment therapies, research, and clinical trials expertise.