PEOPLE v. REYES
Where two defendants were in stopped vehicle, and both were taken into police custody, one defendant's question to officer after being told that they were stopped because police were investigating a shooting and the shots may have come from their car "Well, if you don't find the gun, then you are going to let us go, right" could be interpreted as an implied accusation that co defendant dumped the gun, making the question/statement inadmissible against co-defendant at a joint trial at which the declarant defendant did not testify, but any error in admitting it was harmless beyond a reasonable doubt where there were eyewitness identifications; testimony that police spotted, pursued, and stopped defendants' distinctive car which was identified as the source of shots fired right after the shooting and found defendants and no one else in the car; and fact that defendants and victim were gang rivals constituted overwhelming evidence of guilt.
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