Legal Opinion

People v. Hardy

New York Court of Appeals

Decided February 17, 2005PublishedCited by 92 opinions

1Opinion of the Court

OPINION OF THE COURT

Ciparick, J.

In this appeal, the parties agree that the admission of a non-testifying codefendant’s plea allocution was subject to the requirements of the Sixth Amendment’s Confrontation Clause as recently articulated by the United States Supreme Court in Crawford v Washington (541 US 36 [2004]). We hold that, in light of Crawford, the trial court erred in admitting the plea allocution. Moreover, the error was not harmless beyond a reasonable doubt and therefore compels reversal.

Facts

On November 6, 1998, Jeanne Garcia and her husband, Joseph Garcia, parked their automobile…

2Cases cited10 opinions

  1. Chapman v. CaliforniaSupreme Court of the United States · 1967
  2. Crawford v. WashingtonSupreme Court of the United States · 2004
  3. People v. CrimminsNew York Court of Appeals · 1975
  4. Ohio v. RobertsSupreme Court of the United States · 1980
  5. Griffith v. KentuckySupreme Court of the United States · 1987

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3Cited by92 opinions

  1. Sidney Hawkins v. Joseph Costello, Superintendent, Mid State Correctional FacilityCourt of Appeals for the Second Circuit · 2006
  2. Chrysler v. GuineyCourt of Appeals for the Second Circuit · 2015
  3. People v. DouglasNew York Court of Appeals · 2005
  4. People v. HarrisAppellate Division of the Supreme Court of the State of New York · 2012
  5. People v. HerbAppellate Division of the Supreme Court of the State of New York · 2013

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