Although the court improperly admitted the plea allocutions of various participants in defendants' fraudulent enterprise, we find the error to be harmless. Crawford v Washington (___ 541 US ___, ___, 124 S.Ct. 1354, 1372 [2004]) includes plea allocutions within the category of "testimonial" hearsay statements covered by the Confrontation Clause. Since defendants specifically objected under the Confrontation Clause, we apply the standard for constitutional error (
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PEOPLE v. A.S. GOLDMEN, INC.
9 A.D.3d 283 (2004)
779 N.Y.S.2d 489
THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. A.S. GOLDMEN, INC., Appellant. THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ANTHONY MARCHIANO, Appellant. THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. SALVATORE MARCHIANO, Appellant. THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. CHARLES TRENTO, Appellant.
Appellate Division of the Supreme Court of the State of New York, First Department.https://leagle.com/images/logo.png
July 8, 2004.
July 8, 2004.
Appellate Division of the Supreme Court of the State of New York, First Department.
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