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PEOPLE v. POOLE

277 A.D.2d 122 (2000)

717 N.Y.S.2d 39

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JOHN POOLE, Appellant.

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

Decided November 21, 2000.

The plea allocution of defendant's nontestifying accomplice was properly received in evidence (People v Thomas, 68 N.Y.2d 194, cert denied 480 U.S. 948). As the court instructed the jury, the allocution was received solely to establish this accomplice's own participation in the crime, a matter placed in issue by defendant. Nothing in the allocution was contrived as a device to implicate defendant, and the plea court's use...

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