Legal Opinion

The People v. Assad Cedeno

New York Court of Appeals

Decided March 29, 2016No. 24PublishedCited by 28 opinions

1Opinion of the Court

*114OPINION OF THE COURT

Stein, J.

The question before us is whether the admission of a non-testifying codefendant’s redacted statement to police violated defendant’s rights under the Confrontation Clause of the Sixth Amendment to the United States Constitution. Because the statement was facially incriminating, its admission was error under Bruton v United States (391 US 123 [1968]) and its progeny. Inasmuch as that error was not harmless under the circumstances of this case, we conclude that reversal is required.

I

The charges against defendant arose out of a large-scale fight between two rival…

2Cases cited11 opinions

  1. Bruton v. United StatesSupreme Court of the United States · 1968
  2. People v. CrimminsNew York Court of Appeals · 1975
  3. Richardson v. MarshSupreme Court of the United States · 1987
  4. Gray v. MarylandSupreme Court of the United States · 1998
  5. People v. HamlinNew York Court of Appeals · 1988

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3Cited by28 opinions

  1. The People v. John StoneNew York Court of Appeals · 2017
  2. People v. NormanAppellate Division of the Supreme Court of the State of New York · 2020
  3. People v. StoneAppellate Division of the Supreme Court of the State of New York · 2020
  4. People v. HowieAppellate Division of the Supreme Court of the State of New York · 2017
  5. People v. PizarroAppellate Division of the Supreme Court of the State of New York · 2017

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