People v. Poole

—Judgment, Supreme Court, New York County (Harold Rothwax, J.), rendered July 31, 1996, convicting defendant, after a jury trial, of murder in the second degree, and sentencing him to a term of 25 years to life and a $5,000 fine, unanimously affirmed.

The plea allocution of defendant’s nontestifying accomplice was properly received in evidence (People v Thomas, 68 NY2d 194, cert denied 480 US 948). As the court instructed the jury, the allocution was received solely to establish this accomplice’s own participation in the crime, a matter placed in issue by defendant. Nothing in the allocution…