Legal Opinion
People v. Faust
New York Court of Appeals
Decided December 20, 1988PublishedCited by 10 opinions
1Opinion of the Court
OPINION OF THE COURT
Memorandum.
The order of the Appellate Division should be affirmed. Except where directly admissible against a defendant (see, Lee v Illinois, 476 US 530), the admission, at a joint trial, of a nontestifying codefendant’s confession implicating the defendant is a violation of the defendant’s constitutional right to confront the witnesses against him (People v Cruz, 66 NY2d 61, revd 481 US 186, on remand 70 NY2d 733). Manifestly, such a violation occurred in this prosecution.
However, the constitutional error is, under the circumstances presented, harmless. In this case,…
2Cases cited6 opinions
- People v. CrimminsNew York Court of Appeals · 1975
- Lee v. IllinoisSupreme Court of the United States · 1986
- Cruz v. New YorkSupreme Court of the United States · 1987
- People v. HamlinNew York Court of Appeals · 1988
- People v. CruzNew York Court of Appeals · 1985
1 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- People v. KhanAppellate Division of the Supreme Court of the State of New York · 1994
- People v. WoodardAppellate Division of the Supreme Court of the State of New York · 2012
- People v. SheltonAppellate Division of the Supreme Court of the State of New York · 1994
- People v. ThompsonAppellate Division of the Supreme Court of the State of New York · 1989
- People v. LatineAppellate Division of the Supreme Court of the State of New York · 1989
5 more not listed; retrieve them via the Exa API.