The Court of Appeals, in a full-fledged opinion by Judge Stein, over a two-judge dissenting opinion, determined the redacted statement of a co-defendant (Villanueva), in its written form, left no doubt that the statement implicated defendant in this gang-assault murder case. The error was not harmless and defendant's conviction was therefore reversed:
… [T]he written statement was not “effectively redacted so that the jury would not interpret its admissions as incriminating the nonconfessing defendant[s]” … . Rather, the statement, with large, “blank [spaces] prominent on its face, . . . 'facially incriminat[ed]'” a codefendant because it “involve[d] inferences that a jury ordinarily could make immediately, even were the confession the very first item introduced at trial” … . Any juror “wonder[ing] to whom the blank might refer need[ed] only lift his [or her] eyes to [Villanueva's codefendants], sitting at counsel table, to find what [would] seem the obvious answer” … . In our view, the replacement of the identifying descriptors of defendant with blank spaces did not leave “the slightest doubt as to whose name[] had been blacked out, but even if there had been, that blacking out itself would have not only laid the doubt but underscored the answer” … , particularly after the court instructed the jury that it was not to speculate about the redactions in any way. The redacted statement both “indicat[ed] to the jury that the original statement contained actual names” or clearly identifying descriptors and, “even if the very first item introduced at trial[,] [it] would immediately inculpate [a codefendant] in the charged crime” … . Therefore, we conclude that its admission violated the Bruton rule. People v Cedeno, 2016 NY Slip Op 02281, CtApp 3-29-16
Similar issue and result in a full-fledged opinion by Judge Rivera, over a three-judge dissenting opinion— People v Johnson, 2016 NY Slip Op 02282, CtApp 3-29-16
CRIMINAL LAW (REDACTED STATEMENT OF CO-DEFENDANT IMPLICATED DEFENDANT IN VIOLATION OF BRUTON RULE, CONVICTION REVERSED)/EVIDENCE (CRIMINAL LAW, REDACTED STATEMENT OF CO-DEFENDANT IMPLICATED DEFENDANT IN VIOLATION OF BRUTON RULE, CONVICTION REVERSED)/EVIDENCE (CRIMINAL LAW, REDACTED STATEMENT OF CO-DEFENDANT IMPLICATED DEFENDANT IN VIOLATION OF BRUTON RULE, CONVICTION REVERSED)/BRUTON RULE (CRIMINAL LAW, REDACTED STATEMENT OF CO-DEFENDANT IMPLICATED DEFENDANT IN VIOLATION OF BRUTON RULE, CONVICTION REVERSED)