The People, etc., respondent, v Ykim Anderson, appellant.
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, SECOND DEPARTMENT
September 14, 2010, Decided
Factual Background:
The defendant was convicted of enterprise corruption, criminal sale of a controlled substance in the third degree (two counts), criminal possession of a controlled substance in the third degree (two counts), burglary in the second degree, and criminal sale of a firearm in the third degree (two counts).
Issues:
Whether it was legally sufficient to establish the defendant's guilt with respect to the challenged convictions beyond a reasonable doubt?
Observation and Holding:
Contrary to the defendant's contention, the trial court did not improvidently exercise its discretion when it permitted a witness to testify as to threats certain individuals made to him prior to trial, as there was circumstantial evidence linking the defendant to those threats. The defendant's contention that the admission of a "rap video" containing statements made by nontestifying codefendant Avery Green violated his right of confrontation under Crawford v Washington (541 U.S. 36, 124 S. Ct. 1354, 158 L. Ed. 2d 177) and Bruton v United States (391 U.S. 123, 88 S. Ct. 1620, 20 L. Ed. 2d 476) is without merit as the statements were not testimonial in nature and did not implicate the defendant. The testimony of a co-conspirator was properly received into evidence under the co-conspirator exception to the hearsay rule.
For the abovementioned reasons the court find it was legally sufficient to establish the defendant's guilt with respect to the challenged convictions beyond a reasonable doubt.
Disclaimer:
These summaries are provided by the SRIS Law Group. They represent the firm's unofficial views of the Justices' opinions. The original opinions should be consulted for their authoritative content.
