| People v Martin |
| 2009 NY Slip Op 00245 [58 AD3d 519] |
| January 20, 2009 |
| Appellate Division, First Department |
| The People of the State of New York, Respondent, v ElvisMartin, Appellant. |
—[*1] Robert T. Johnson, District Attorney, Bronx (Mary Jo L. Blanchard of counsel), forrespondent.
Judgment, Supreme Court, Bronx County (Dominic R. Massaro, J.), rendered November 1,2006, convicting defendant, after a jury trial, of murder in the second degree, and sentencing himto a term of 25 years to life, unanimously affirmed.
When the court ordered a joint trial over defendant's objection, and permitted the People tointroduce the nontestifying codefendants' statements, without redacting references to defendant,this was error under Bruton v United States (391 US 123 [1968]). However, we find theerror harmless (see People v Crimmins, 36 NY2d 230 [1975]) in that there wasoverwhelming evidence of defendant's guilt based upon the testimony of his cousin. Thereferences to defendant in the codefendants' statements could not have affected the verdict.These brief references merely placed defendant at the scene, and his presence at the scene wasessentially consistent with the defense theory of the case. Defendant's argument that the courtshould have delivered a limiting instruction is unpreserved and we decline to review it in theinterest of justice. With regard to defendant's independent Confrontation Clause claim underCrawford v Washington (541 US 36 [2004]) based on the testimonial nature of thestatements (see generally United States v Lung Fong Chen, 393 F3d 139, 150 [2004]),we likewise find any error harmless. Concur—Mazzarelli, J.P., Friedman, Buckley, Acostaand Freedman, JJ.