PEOPLE v. CRUZ


70 N.Y.2d 733 (1987)

The People of the State of New York, Respondent, v. Eulogio Cruz, Appellant.

Court of Appeals of the State of New York.

Decided September 17, 1987.


Attorney(s) appearing for the Case

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

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

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


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...

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