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PEOPLE v. CEPEDA

61 A.D.2d 962 (1978)

The People of the State of New York, Respondent, v. Ramon Cepeda, Appellant

Appellate Division of the Supreme Court of the State of New York, First Department.

March 27, 1978

We affirm but would note that we view it as error to have admitted in evidence the testimony of the witness Rivera that the unapprehended codefendant, Millian, immediately after the homicide, returned to the automobile with defendant and stated to the four occupants, of which Rivera was one, that "we just shot a colored guy". Quite obviously, and the People do not so contend, the statement does not qualify as part of the res...

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