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People v. Long

144 A.D.2d 1015 Court N.Y. App. Div. Decision date 1988-11-15 English

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p. 1015
The People of the State of New York, Respondent, v Richard L. Long, Appellant.

Judgment unanimously affirmed. Memorandum: Defendant argues on appeal that the admission into evidence of his codefendant’s statement violated the rule in Bruton v United States ( 391 US 123 ). The codefendant’s statement was received without objection and thus the issue is not preserved for review (People v Russell, 71 NY2d 1016 , 1017). While we decline to exercise our power to review in the interest of justice (CPL 470.15 [6] [a]), we note nevertheless that all references to defendant were redacted from the codefendant’s statement and if there was any error in receiving the statement, it was harmless (People v Hamlin, 71 NY2d 750 ). We have reviewed the other issues raised on appeal and find them to be without merit. (Appeal from judgment of Supreme Court, Monroe County, Boehm, J. — manslaughter, first degree.) Present — Dillon, P. J., Callahan, Den-man, Balio and Lawton, JJ.

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