Cruz v. New York

Petitioner and co-defendant were friends with two brothers, Noberto Cruz and Jerry Cruz; Jerry Cruz was murdered prior to the murder for which Petitioner was ultimately convicted. Following Jerry Cruz’s murder, police questioned Noberto Cruz, who told police of a conversation he had with Petitioner and co-defendant. Noberto Cruz told police that Petitioner and co-defendant had visited his apartment, and that Petitioner was wearing a bandage stained with blood at the time. According to Noberto, Petitioner told him that he and co-defendant had been involved in a robbing at a gas station the night previous and, when the attendant had pulled a gun and shot Petitioner, co-defendant had killed the attendant. Police eventually questioned co-defendant about the murder of Jerry Cruz, and although co-defendant denied any involvement with Jerry Cruz’s killing, co-defendant voluntarily confessed that he had killed the gas station attendant. Co-defendant later made the same confession on videotape to police, stating that he, Petitioner, Jerry Cruz, and another man had robbed a gas station and that he had killed the attendant after the attendant shot Petitioner in the arm. At trial, the videotaped confession of co-defendant was allowed into evidence, and the judge instructed the jury that the confession of co-defendant was not to be used in determining Petitioner’s guilt. The prosecution also called Noberto Cruz, who testified about Petitioner’s visit to his apartment and the confession Petitioner had made to him about the gas station robbery and the killing of the attendant.