The People of the State of New York, Respondent v. Nicholas Rutigliano, Appellant, Impleaded With Marcus…

Summary

The Court affirmed the conviction, holding that statements made by a co-defendant in the presence of the accused while both were in custody are inadmissible under the Massachusetts rule, and that the trial court's error in allowing the jury to consider the appellant's silence was harmless because later voluntary confessions cured the error.