People v. Baldassara

Judgment unanimously affirmed. Memorandum: Defendant contends that he was deprived of his right of cross-examination guaranteed by the Confrontation Clause of the Sixth Amendment by the People’s *1005use of his nontestifying codefendant’s statements containing incriminating references to him at their joint trial (see, Bruton v United States, 391 US 123). Two of these statements by codefendant were made in defendant’s presence under circumstances where defendant heard and understood what was said and had the opportunity to reply and deny the statements if untrue. Given the circumstances, the two…