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Legal Opinion

People v. Cruz

New York Court of Appeals

Decided September 17, 1987PublishedCited by 41 opinions

1Opinion of the Court

*735OPINION OF THE COURT

Memorandum.

Upon reargument, following remand from the Supreme Court of the United States (see, Cruz v New York, 481 US —, 107 S Ct 1714), the order of the Appellate Division should be reversed and a new trial ordered.

The Supreme Court having determined that the videotaped statement of codefendant Benjamin Cruz was improperly received in his joint trial with defendant Eulogio Cruz, remitted the matter to this court for further proceedings. We now determine that reception of the evidence was not harmless.

Insofar as the People now contend that the statement was admissible as…

2Cases cited2 opinions

  1. Cruz v. New YorkSupreme Court of the United States · 1987
  2. People v. BrensicNew York Court of Appeals · 1987

3Cited by41 opinions

  1. People v. HamlinNew York Court of Appeals · 1988
  2. People v. McCainAppellate Division of the Supreme Court of the State of New York · 1987
  3. Quartararo v. FoggDistrict Court, E.D. New York · 1988
  4. People v. LatifAppellate Division of the Supreme Court of the State of New York · 1987
  5. People v. OrtizAppellate Division of the Supreme Court of the State of New York · 1988

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