People v. Reid, 71 A.D.3d 699 (N.Y. App. Div. 2010). · Go Syfert
People v. Reid, 71 A.D.3d 699 (N.Y. App. Div. 2010). Cases Citing This Book View Copy Cite
16 citation events (16 in the last 25 years) across 2 distinct courts.
Strongest positive: People v. Grovner (nyappdiv, 2022-06-03)
Top citers, strongest first. 13 distinct citers. How cited ↗
discussed Cited as authority (rule) People v. Grovner
N.Y. App. Div. · 2022 · confidence medium
Furthermore, we conclude that defense counsel's strategic decision to consent to the admission of the entire recording constituted a waiver of any Bruton or Crawford violation ( see People v Reid , 71 AD3d 699, 700 [2d Dept 2010], lv denied 15 NY3d 756 [2010]; see also People v Serrano , 256 AD2d 175 , 176 [1st Dept 1998], lv denied 93 NY2d 878 [1999]).
cited Cited as authority (rule) Reid v. Martuscello
E.D.N.Y · 2020 · confidence medium
People v. Reid, 71 A.D.3d 699, 699 (2d Dep’t 2010).
discussed Cited as authority (rule) People v. Howie
unknown court · 2017 · confidence medium
While we agree with defendant that the admission of those statements violated Bruton and that Supreme Court’s curative instruction did not alleviate the prejudice (see People v Cedeno, 27 NY3d 110, 117 [2016], cert denied 580 US —, 137 S Ct 205 [2016]), we consider defense counsel’s strategic decisions to proceed with a joint trial and to consent to the admission of the codefendant’s statements to constitute a waiver of any Bruton violation (see People v Reid, 71 AD3d 699, 700 [2010], lv denied 15 NY3d 756 [2010]; see also People v Serrano, 256 AD2d 175 , 176 [1998], lv denied 93 NY2d …
discussed Cited as authority (rule) People v. Howie
unknown court · 2017 · confidence medium
While we agree with defendant that the admission of those statements violated Bruton and that Supreme Court’s curative instruction did not alleviate the prejudice (see People v Cedeno, 27 NY3d 110, 117 [2016], cert denied 580 US —, 137 S Ct 205 [2016]), we consider defense counsel’s strategic decisions to proceed with a joint trial and to consent to the admission of the codefendant’s statements to constitute a waiver of any Bruton violation (see People v Reid, 71 AD3d 699, 700 [2010], lv denied 15 NY3d 756 [2010]; see also People v Serrano, 256 AD2d 175 , 176 [1998], lv denied 93 NY2d …
discussed Cited as authority (rule) People v. Howie
unknown court · 2017 · confidence medium
While we agree with defendant that the admission of those statements violated Bruton and that Supreme Court’s curative instruction did not alleviate the prejudice (see People v Cedeno, 27 NY3d 110, 117 [2016], cert denied 580 US —, 137 S Ct 205 [2016]), we consider defense counsel’s strategic decisions to proceed with a joint trial and to consent to the admission of the codefendant’s statements to constitute a waiver of any Bruton violation (see People v Reid, 71 AD3d 699, 700 [2010], lv denied 15 NY3d 756 [2010]; see also People v Serrano, 256 AD2d 175 , 176 [1998], lv denied 93 NY2d …
discussed Cited as authority (rule) People v. Gilocompo
N.Y. App. Div. · 2015 · confidence medium
The defendant failed to preserve for appellate review his contention that his Sixth Amendment right to confrontation under Bruton v United States ( 391 US 123 [1968]) and Crawford v Washington ( 541 US 36 [2004]) was violated by the admission into evidence of statements made by a nontestifying codefendant to a detective following the codefendant’s arrest, as well as by certain remarks made by the prosecutor during summation that were related to those statements (see CPL 470.05 [2]; People v Jenkins, 93 AD3d at 861 ; People v Reid, 71 AD3d 699, 699-700 [2010]).
discussed Cited as authority (rule) People v. Jenkins
N.Y. App. Div. · 2012 · confidence medium
The defendant’s contentions that the admission into evidence of a certain statement a nontestifying codefendant made to the police violated his Sixth Amendment right to confrontation under Bruton v United States ( 391 US 123 [1968]), and under Crawford v Washington ( 541 US 36 [2004]), are unpreserved for appellate review (see CPL 470.15; People v Reid, 71 AD3d 699, 699-700 [2010]) and, in any event, without merit (see Crawford v Washington, 541 US at 59 n 9; People v Reynoso, 2 NY3d 820, 821 [2004]; People v Mack, 89 AD3d 864, 865-866 [2011]; People v Reyes, 49 AD3d 565, 566 [2008]; People …
discussed Cited "see" People v. Barbuto
N.Y. App. Div. · 2015 · signal: see · confidence high
Defendant thus failed to establish “ ‘the absence of strategic or other legitimate explanations’ for [defense] counsel’s” failure to move for severance (People v Benevento, 91 NY2d 708, 712 [1998]; see People v Reid, 71 AD3d 699, 700 [2010], lv denied 15 NY3d 756 [2010]; People v Shell, 152 AD2d 609, 610 [1989], lv denied 74 NY2d 899 [1989]; but see People v Jeannot, 59 AD3d 737, 737 [2009], lv denied 12 NY3d 916 [2009]).
discussed Cited "see" BARBUTO, JOEL S., PEOPLE v
N.Y. App. Div. · 2015 · signal: see · confidence high
Defendant thus failed to establish “ ‘the absence of strategic or other legitimate explanations’ for [defense] counsel’s” failure to move for severance (People v Benevento, 91 NY2d 708, 712 ; see People v Reid, 71 AD3d 699, 700 , lv denied 15 NY3d 756 ; People v Shell, 152 AD2d 609, 610 , lv denied 74 NY2d 899 ; but see People v Jeannot, 59 AD3d 737, 737 , lv denied 12 NY3d 916 ).
discussed Cited "see" People v. Barbuto
N.Y. App. Div. · 2015 · signal: see · confidence high
Defendant thus failed to establish “ ‘the absence of strategic or other legitimate explanations’ for [defense] counsel’s” failure to move for severance (People v Benevento, 91 NY2d 708, 712 [1998]; see People v Reid, 71 AD3d 699, 700 [2010], lv denied 15 NY3d 756 [2010]; People v Shell, 152 AD2d 609, 610 [1989], lv denied 74 NY2d 899 [1989]; but see People v Jeannot, 59 AD3d 737, 737 [2009], lv denied 12 NY3d 916 [2009]).
discussed Cited "see" People v. Mirabella
N.Y. App. Div. · 2015 · signal: see · confidence high
Defendant has failed to demonstrate “ ‘the absence of strategic or other legitimate explanations’ ” for defense counsel’s failure to object to testimony that violated defendant’s right of confrontation inasmuch as that testimony was favorable to defendant (Ca ban, 5 NY3d at 152 ; see People v Reid, 71 AD3d 699, 700 [2010], lv denied 15 NY3d 756 [2010]).
discussed Cited "see" MIRABELLA, TODD C., PEOPLE v
N.Y. App. Div. · 2015 · signal: see · confidence high
Defendant has failed to demonstrate “ ‘the absence of strategic or other legitimate explanations’ ” for defense counsel’s failure to object to testimony that violated defendant’s right of confrontation inasmuch as that testimony was favorable to defendant (Caban, 5 NY3d at 152 ; see People v Reid, 71 AD3d 699, 700 , lv denied 15 NY3d 756 ).
discussed Cited "see" People v. Mirabella
N.Y. App. Div. · 2015 · signal: see · confidence high
Defendant has failed to demonstrate “ ‘the absence of strategic or other legitimate explanations’ ” for defense counsel’s failure to object to testimony that violated defendant’s right of confrontation inasmuch as that testimony was favorable to defendant (Ca ban, 5 NY3d at 152 ; see People v Reid, 71 AD3d 699, 700 [2010], lv denied 15 NY3d 756 [2010]).
The People of the State of New York
v.
Reggie Reid
Appellate Division of the Supreme Court of the State of New York.
Mar 2, 2010.
71 A.D.3d 699
Cited by 14 opinions  |  Published

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Mangano, Jr., J), rendered March 23, 2007, convicting him of robbery in the first degree (two counts) and robbery in the second degree (three counts), upon a jury verdict, and sentencing him, as a second violent felony offender, to determinate terms of imprisonment of 20 years on the conviction of robbery in the first degree under count one, 15 years on the conviction of robbery in the second degree under count two, and 15 years on the conviction of robbery in the second degree under count four, with these sentences to run concurrently with each other, and to determinate terms of imprisonment of 10 years on the conviction of robbery in the first degree under count six and 10 years on the conviction of robbery in the second degree under count seven, with these sentences to run concurrently with each other and consecutively to the sentences imposed on the first three counts.

Ordered that the judgment is modified, as a matter of discretion in the interest of justice, by reducing the term of imprisonment imposed upon the conviction of robbery in the first degree (count one) from a determinate term of imprisonment of 20 years to a determinate term of imprisonment of 10 years, and reducing the terms of imprisonment imposed upon the convictions of robbery in the second degree (counts two and four) from determinate terms of imprisonment of 15 years to determinate terms of 10 years, with these sentences to run concurrently with each other and consecutively to the sentences imposed on counts six and seven; as so modified, the judgment is affirmed.

The defendant has not preserved for appellate review his contentions that the admission of his codefendant’s statement violated his Sixth Amendment right to confrontation under Crawford v Washington (541 US 36 [2004]) and Bruton v United [*700] States (391 US 123 [1968]), and we decline to review them in the exercise of our interest of justice jurisdiction (see CPL 470.15). With regard to the defendant’s contention that his trial counsel was ineffective for failing to object to the admission of the statement, and thus preserve his claims for appellate review, the defendant’s trial attorney’s affirmative use of the statement may well have been in furtherance of trial strategy which would have been reasonable under the circumstances (see People v Flores, 84 NY2d 184 [1994]; People v Baldi, 54 NY2d 137 [1981]), in which case the defendant’s claim under Crawford and Bruton would have been waived (cf. People v Serrano, 256 AD2d-175, 175 [1998]).

The defendant also failed to preserve for appellate review his claim that the prosecutor improperly elicited testimony from a detective stating that he arrested the defendant immediately after the defendant participated in a lineup, which testimony followed that of a complainant who testified that he identified the defendant in the lineup. We decline to reach this issue in the exercise of our interest of justice jurisdiction (see CPL 470.15).

Under the circumstances of this case, the sentence imposed was excessive to the extent indicated herein.

The defendant’s remaining contention is without merit. Fisher, J.P., Covello, Dickerson and Lott, JJ., concur.