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PEOPLE v. MUHAMMAD

17 A.D.3d 139 (2005)

791 N.Y.S.2d 828

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. YADULLAH MUHAMMAD, Appellant.

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

April 7, 2005.

The introduction of a nontestifying codefendant's plea allocution violated Crawford v Washington (541 U.S. 36 [2004]). This evidence was clearly received for its truth with regard to the issue of whether or not a robbery occurred, and the record fails to support the People's arguments in favor of its admissibility. However, the error was harmless beyond a reasonable doubt (see e.g. People v Hopkins, 13 A.D.3d...

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