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PEOPLE v. PENA

159 A.D.2d 651 (1990)

The People of the State of New York, Respondent, v. Orlando Pena, Appellant

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

March 19, 1990

Ordered that the judgment is affirmed.

The defendant and his two codefendants were tried jointly on charges stemming from a racial incident in a Staten Island park which resulted in the death of a teen-ager. The day following the homicide, the defendant and codefendant Rodney Means made "substantially identical" statements (People v Cruz, 66 N.Y.2d 61, 69, revd

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