A Manhattan appeals court reversed a conviction Tuesday on the grounds that the trial court ran afoul of the U.S. Supreme Court’s rulings banning a co-defendant’s grand jury testimony if it “directly incriminates” another defendant and cannot be subject to cross-examination when the declarant chooses not to testify at a joint trial.
Keith Johnson was arrested when, during a “buy-and-bust,” he allegedly pulled what turned out to be a toy pistol on an undercover officer, who shot him through the rear passenger window of the car in which Johnson and his co-defendant were fleeing.
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