People v. Russell

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed.

Appellant and a codefendant, Floyd Bailey, were each charged with two counts of rape, sodomy and unlawful imprisonment of a 14-year-old female. Originally, codefendant Bailey and another man, Darryl Schermerhorn, were arrested in connection with the crimes. Bailey confessed, implicating himself and appellant Russell, at which point Schermerhorn was released and Russell was arrested.

A joint jury trial was held and Bailey’s redacted confession, which referred to himself and "another person”, was introduced…