State v. Marshall , 166 Conn. 593 ( 1974 )

Bogdanski, J.

(concurring). I concur in the majority opinion but do not join in that portion which states that Public Acts 1969, No. 680, is an unconstitutional legislative infringement upon judicial administration, as was held in State v. Clemente, 166 Conn. 501, 353 A.2d 723. I reiterate my disagreement with that holding. Public Acts 1969, No. 680, grants defendants in criminal prosecutions the right to examine relevant statements made to the prosecution by the witnesses against them. That right enables defendants to more effectively exercise their constitutional right of confrontation through cross-examination. The creation of such new rights to ensure a fair trial is an appropriate exercise of legislative power. That Public Acts 1969, No. 680, may also be a procedural directive to the trial court does not, under our constitution, detract from the power of the General Assembly to enact it. See the dissenting opinions in State v. Clemente, supra.