People v. Biggerstaff

Appeal by the defendant from a judgment of the Supreme Court, Queens County (Leahy, J.), rendered November 24, 1986, convicting him of murder in the second degree and burglary in the first degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

We have already concluded on the appeal of the codefendant Eujenee Poywing that the admission of the pretrial statement of the nontestifying codefendant Victor Poywing was error under the principles enunciated in Bruton v United States (391 US 123) and Cruz v New York (481 US 186, on remand 70 NY2d 733; see, People v…