Legal Opinion · Concurring in part, dissenting in part
People v. Di Nicolantonio
Appellate Division of the Supreme Court of the State of New York
Decided August 22, 1988Published
1Concurring in part, dissenting in partSpatt, J.
While I agree with the majority that the holding of Cruz v New York (481 US 186, 107 S Ct 1714, on remand 70 NY2d 733) is applicable to this case, I find that the error in admitting the codefendants’ confessions implicating the defendant at their joint trial was harmless as to the attempted robbery and murder convictions. Accordingly, in my view, a new trial is *52not warranted on those counts. However, as to the defendant’s convictions for criminal use of a firearm in the second degree and criminal possession of a weapon in the second degree, I agree with the majority that reversal and a new…
2Cases cited29 opinions
- Bruton v. United StatesSupreme Court of the United States · 1968
- Harrington v. CaliforniaSupreme Court of the United States · 1969
- Schneble v. FloridaSupreme Court of the United States · 1972
- Cruz v. New YorkSupreme Court of the United States · 1987
- Parker v. RandolphSupreme Court of the United States · 1979
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