Legal Opinion

People v. Di Nicolantonio

Appellate Division of the Supreme Court of the State of New York

Decided August 22, 1988PublishedCited by 11 opinions

1Opinion of the Court

OPINION OF THE COURT

2Per curiam

There is no question but that the defendant’s constitutional right to cross-examine the witnesses against him, guaranteed by the Confrontation Clause of the Sixth Amendment (US Const 6th, 14th Amends), was violated in this case (see, Cruz v New York, 481 US 186, 107 S Ct 1714, on remand 70 NY2d 733; Bruton v United States, 391 US 123). The critical *46issue then is whether this violation of one of the most important rights guaranteed to a defendant in a criminal case (see, Pointer v Texas, 380 US 400, 404) can be overlooked, on the basis that there is no reasonable…

3Cases cited26 opinions

  1. Chapman v. CaliforniaSupreme Court of the United States · 1967
  2. Bruton v. United StatesSupreme Court of the United States · 1968
  3. People v. CrimminsNew York Court of Appeals · 1975
  4. Pointer v. TexasSupreme Court of the United States · 1965
  5. Harrington v. CaliforniaSupreme Court of the United States · 1969

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4Cited by11 opinions

  1. People v. RussoAppellate Division of the Supreme Court of the State of New York · 1994
  2. People v. DiNicolantonioNew York Court of Appeals · 1989
  3. People v. BenantiAppellate Division of the Supreme Court of the State of New York · 1990
  4. People v. FloresAppellate Division of the Supreme Court of the State of New York · 1989
  5. People v. AlmonteAppellate Division of the Supreme Court of the State of New York · 1996

6 more not listed; retrieve them via the Exa API.

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