People v. Jones

—Judgment unanimously affirmed. Memorandum: County Court properly refused to admit into evidence a statement made by defendant’s brother. The court properly determined that the declarant was not aware that his statement was against his penal interest and thus that the statement was not sufficiently reliable to be admissible under that exception to the hearsay rule (see, People v Settles, 46 NY2d 154, 167; see also, People v Shortridge, 65 NY2d 309, 312). The court did not abuse its discretion in denying defendant’s CPL 440.10 motion to vacate the judgment based on evidence that was allegedly…