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

The introduction of a nontestifying codefendant's plea allocution violated Crawford v. Washington ( 541 US 36). 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 AD3d 303). Without reference to the inadmissible plea allocution, there was overwhelming evidence compelling the conclusion that the incident in question was a robbery, and not an altercation as claimed by defendant.

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PEOPLE v. MUHAMMAD
(Apr 7, 2005)