PEOPLE v. LEE

13034, 409N/11

120 A.D.3d 1137 (2014)

992 N.Y.S.2d 429

2014 NY Slip Op 06374

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. VICTOR LEE, Appellant.

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

Decided September 25, 2014.


Defendant's constitutional right of confrontation was violated when the court read the transcript of the codefendant's guilty plea allocution to the jury. The codefendant's statements by which she inculpated defendant, were testimonial hearsay by a nontestifying declarant, whom defendant did not have a prior opportunity to cross-examine (see Crawford v Washington, 541 U.S. 36 [2004]).

The People's argument that the Confrontation...

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