Does a non-testifying codefendant's statement at their joint trial deprive a defendant of his Sixth Amendment right to confront adverse witnesses?
The following excerpt is from People v. Johnson, 2016 N.Y. Slip Op. 02282, 27 N.Y.3d 60, 29 N.Y.S.3d 851, 49 N.E.3d 1143 (N.Y. 2016):
According to the rule set out in Bruton v. United States, a defendant is deprived of his Sixth Amendment right to confront adverse witnesses if a non-testifying codefendant's powerfully incriminating statement is admitted at their joint trial (391 U.S. 123, 135, 88 S.Ct. 1620, 20 L.Ed.2d 476 [1968] ). If a statement [i]s not incriminating on its face but becomes so only when linked with evidence introduced later at trial, there is no Sixth Amendment
[49 N.E.3d 1153]
[29 N.Y.S.3d 861]
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