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PEOPLE v. MUHAMMAD

Appellate Division of the Supreme Court of New York, First Department.
Apr 7, 2005
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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.