People v. Keith Johnson
AD1 order dated December 16, 2014, reversing judgment of conviction and ordering a new trial. Decision below: 123 AD3d 573, 999 NYS2d 46. DeGrasse, J. (AD dissenter), granted leave to People February 17, 2015. Argued February 9, 2016.
ISSUE PRESENTED: Whether the admission, at the joint trial of the defendant and his non-testifying co-defendant, of the co-defendant’s Grand Jury testimony denying any knowledge of criminal activity, violated the Bruton rule; whether the Grand Jury testimony was “facially incriminating” to defendant. (Assigned counsel for respondent: David Klem & Robert S. Dean, Center for Appellate Litigation, 120 Wall Street, 28th Floor, NYC 10005.)