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People v. Cruz

Court of Appeals of the State of New York
Sep 17, 1987
514 N.E.2d 384 (N.Y. 1987)

Opinion

Argued September 9, 1987

Decided September 17, 1987

Appeal from the Appellate Division of the Supreme Court in the First Judicial Department, Joseph A. Cerbone, J., Fred W. Eggert, J.

Robert S. Dean and Philip L. Weinstein for appellant.

Mario Merola, District Attorney (Peter D. Coddington and Allen M. Hecht of counsel), for respondent.


MEMORANDUM.

Upon reargument, following remand from the Supreme Court of the United States (see, Cruz v New York, 481 US ___, 107 S Ct 1714), the order of the Appellate Division should be reversed and a new trial ordered.

The Supreme Court having determined that the videotaped statement of codefendant Benjamin Cruz was improperly received in his joint trial with defendant Eulogio Cruz, remitted the matter to this court for further proceedings. We now determine that reception of the evidence was not harmless.

Insofar as the People now contend that the statement was admissible as a declaration against penal interest by Benjamin Cruz, probative of defendant's guilt, it is sufficient to note that the statement was not offered at trial for that purpose and defendant has had no opportunity to challenge its reliability (see, People v Brensic, 70 N.Y.2d 9).

Chief Judge WACHTLER and Judges SIMONS, KAYE, TITONE, HANCOCK, JR., and BELLACOSA concur; Judge ALEXANDER taking no part.

Upon reargument, following remand from the Supreme Court of the United States, order reversed and a new trial ordered in a memorandum.


Summaries of

People v. Cruz

Court of Appeals of the State of New York
Sep 17, 1987
514 N.E.2d 384 (N.Y. 1987)
Case details for

People v. Cruz

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. EULOGIO CRUZ, Appellant

Court:Court of Appeals of the State of New York

Date published: Sep 17, 1987

Citations

514 N.E.2d 384 (N.Y. 1987)
514 N.E.2d 384
519 N.Y.S.2d 964

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