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Legal Opinion

People v. Wheeler

New York Court of Appeals

Decided June 7, 1984PublishedCited by 37 opinions

APPEARANCES OF COUNSEL

1Opinion of the Court

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be reversed and the matter remitted to County Court, Nassau County, for a new trial.

Defendant was tried jointly with his brother for the crime of murder in the second degree. The brother made a pretrial statement, in which he implicated defendant as a participant in the robbery which led to the victim’s death. Once this statement was deemed admissible, defendant moved to sever his trial from that of his brother, urging that the admission of the confession upon the joint trial impermissibly deprived him of his right to…

2Cases cited5 opinions

  1. Bruton v. United StatesSupreme Court of the United States · 1968
  2. People v. SmallsNew York Court of Appeals · 1982
  3. People v. GeogheganNew York Court of Appeals · 1980
  4. People v. GeogheganAppellate Division of the Supreme Court of the State of New York · 1979
  5. People v. BooneNew York Court of Appeals · 1968

3Cited by37 opinions

  1. Wheeler v. KellyDistrict Court, E.D. New York · 1986
  2. The People v. Assad CedenoNew York Court of Appeals · 2016
  3. Commonwealth v. TarbertSupreme Court of Pennsylvania · 1985
  4. People v. AyalaAppellate Division of the Supreme Court of the State of New York · 1988
  5. People v. PaganAppellate Division of the Supreme Court of the State of New York · 2011

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