People v. Vasquez

*612Opinion

MURRAY, J.

Defendant Jose Federico Vasquez accosted Wilson Rodriguz1 with a gun, threatened to kill Rodriguz and forced Rodriguz to take off his clothes. Defendant then struck Rodriguz on the head with the gun, causing lacerations and bleeding, and took Rodriguz’s clothes and other belongings.

Defendant does not dispute that he robbed, assaulted and threatened Rodriguz. His defense was that he did not use a gun in committing the crimes.

Defendant contends that the trial court erred by excluding codefendant Manuel Guerrero’s out-of-court statement to the police, which defendant claims was…