Appellate Division of the Supreme Court of the State of New York December 19, 2012 (People v. Class)

*1042As the People correctly concede, a nontestifying codefendant’s statement to the police that the defendant was in the codefendant’s vehicle shortly before the subject incident occurred constituted testimonial hearsay and, thus, the admission of that statement into evidence violated the defendant’s right of confrontation, as secured to him under the Sixth Amendment to the United States