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''Cruz v. New York'', , was an important United States Supreme Court decision which held that the Confrontation Clause barred the admission, in a joint trial, of a nontestifying codefendant's confession incriminating the defendant, even if the defendant's own confession was admitted against him. ==Background of the Case== At 5:15 AM on November 29, 1981, Police Officers Dennis Fitzpatrick and Ronald Zuba responded to a radio report of an incident at the Gaseteria service station in Bronx County, New York. Upon arriving at the gas station, the officers found attendant Victoriano Agostini lying on the floor of the office bleeding from the back of his head. Agostini was taken to a hospital where he was pronounced dead. It was determined that he had sustained two bullet wounds to the head. At 8:00 AM, Detective Patrick Cirincione of the Crime Scene Unit arrived at the gas station where he photographed the scene. He recovered no firearms or spent shells.〔''Cruz v. New York'', 481 U.S. 186 (1986)〕 The following day, an associate medical examiner performed an autopsy on the deceased, which confirmed that two gunshot wounds were the cause of death. Specifically, one bullet entered the decedent's head above the right ear from a distance of three to six inches and the second bullet entered the left front region of the head. The paths of both bullets were backward, downward, and toward the right. The deceased showed further evidence of blunt force trauma to the bridge of the nose, area around the eyes, right cheek, and left shoulder. The bullet fragments recovered indicated that the bullets had been .38 caliber projectiles and could have been fired from a .357 magnum handgun.〔 Five months later, while police were investigating a separate homicide of Jerry Cruz (no relation to petitioner), Jerry Cruz's brother, Norberto Cruz, told police that five months prior, on November 29, 1981, Eulogio Cruz and Eulogio's brother, Benjamin Cruz, told him that they had killed a gas station attendant during an attempted robbery. On May 3, 1982, Benjamin Cruz voluntarily entered a police station after a detective left a card at his residence, requesting that he contact him in connection with the murder of Jerry Cruz. During questioning, Benjamin Cruz spontaneously confessed to the Agostini murder. Later that day, an assistant district attorney took a detailed, videotaped confession of Benjamin Cruz in which Benjamin implicated Eulogio and the deceased Jerry Cruz in Agostini's death. Eulogio, however, made no statement when he was subsequently arrested.〔 A grand jury sitting in New York Supreme Court, Bronx County, indicted Eulogio and Benjamin Cruz for felony murder and lesser offenses in connection with the homicide. On the People's motion, their cases were consolidated for trial. Eulogio entered a pretrial motion to sever the cases based on ''Bruton v. United States'', 391 U.S. 123, which was denied. At the trial, there were no eyewitnesses. The only direct incriminating evidence against either brother was their alleged confession to Norberto Cruz, and the videotaped confession of Benjamin Cruz. The videotaped confession was entered over the objections of Euologio, but with an accompanying jury instruction that it be used only against him. Both men were found guilty of felony murder. Eulogio was sentenced to a prison term of fifteen years to life. He appealed, but the New York Court Supreme Court, Appellate Division, affirmed the lower court's ruling.〔 抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』 ■ウィキペディアで「Cruz v. New York」の詳細全文を読む スポンサード リンク
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