People v. Graham

OPINION OF THE COURT

Ronald A. Zweibel, J.

Defendant Melvin Graham moves pursuant to CPL 440.10 *418(1) (h) for an order vacating his judgment of conviction of robbery and felony murder on grounds that his US Constitution Sixth Amendment right to confrontation was violated by the admission of his nontestifying codefendant’s confession at their joint trial.

Defendant raised this issue previously on direct appeal. On May 12, 1986, the Appellate Division, Second Department, affirmed defendant’s judgment of conviction, holding that defendant’s own confession "interlocked” with his codefendant’s, and…