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People v. Muhammad

Appellate Division of the Supreme Court of New York, First Department
Apr 7, 2005
17 A.D.3d 139 (N.Y. App. Div. 2005)

Opinion

5810.

April 7, 2005.

Judgment, Supreme Court, Bronx County (David Stadtmauer, J.), rendered August 5, 2002, convicting defendant, after a jury trial, of robbery in the second degree, and sentencing him to a term of four years, unanimously affirmed.

John J. Janiec, New York, for appellant.

Robert T. Johnson, District Attorney, Bronx (Susan E. Baumgartner of counsel), for respondent.

Before: Tom, J.P., Andrias, Sullivan, Nardelli and Williams, JJ.


The introduction of a nontestifying codefendant's plea allocution violated Crawford v. Washington ( 541 US 36). This evidence was clearly received for its truth with regard to the issue of whether or not a robbery occurred, and the record fails to support the People's arguments in favor of its admissibility. However, the error was harmless beyond a reasonable doubt ( see e.g., People v. Hopkins, 13 AD3d 303). Without reference to the inadmissible plea allocution, there was overwhelming evidence compelling the conclusion that the incident in question was a robbery, and not an altercation as claimed by defendant.


Summaries of

People v. Muhammad

Appellate Division of the Supreme Court of New York, First Department
Apr 7, 2005
17 A.D.3d 139 (N.Y. App. Div. 2005)
Case details for

People v. Muhammad

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. YADULLAH MUHAMMAD…

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: Apr 7, 2005

Citations

17 A.D.3d 139 (N.Y. App. Div. 2005)
791 N.Y.S.2d 828

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