Legal Opinion

People v. Rogriguez

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

Decided January 18, 1996Published

1Opinion of the Court

Judgment, Supreme Court, New York County (Ira Beal, J.), rendered September 28, 1993, convicting defendant, after a jury trial, of criminal sale of a controlled substance in the third degree, and sentencing him to a term of 1 to 3 years, unanimously affirmed.

Although the statement of the nontestifying codefendant should not have been admitted at the joint trial (Bruton v United States, 391 US 123; People v Wheeler, 62 NY2d 867), the error in its admission was harmless beyond a reasonable doubt in light of the overwhelming evidence of defendant’s guilt, including the unequivocal identification…

2Cases cited6 opinions

  1. Bruton v. United StatesSupreme Court of the United States · 1968
  2. People v. HamlinNew York Court of Appeals · 1988
  3. People v. BuckleyNew York Court of Appeals · 1990
  4. People v. WheelerNew York Court of Appeals · 1984
  5. People v. RobustelliAppellate Division of the Supreme Court of the State of New York · 1993

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