Legal Opinion
People v. Morgan
New York Court of Appeals
Decided October 16, 1990PublishedCited by 23 opinions
1Opinion of the Court
*495OPINION OF THE COURT
Bellacosa, J.
The issue in this appeal is the admissibility at trial against defendant of Grand Jury testimony of a recalcitrant, "cooperating” accomplice, Flihan, under the declaration against penal interest exception to the hearsay rule. In People v Thomas (68 NY2d 194), we held that statements made by an accomplice at his own guilty plea allocution qualified as a declaration against his penal interest, and were therefore admissible at the trial of the defendant in that case. Applying the Thomas formula, the trial court at defendant’s trial admitted Flihan’s Grand Jury…
2Cases cited6 opinions
- People v. MaerlingNew York Court of Appeals · 1978
- People v. BrensicNew York Court of Appeals · 1987
- People v. ThomasNew York Court of Appeals · 1986
- People v. GeogheganNew York Court of Appeals · 1980
- People v. FlihanNew York Court of Appeals · 1988
1 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- People v. NortonAppellate Division of the Supreme Court of the State of New York · 1990
- People v. RoseAppellate Division of the Supreme Court of the State of New York · 1996
- People v. BackusAppellate Division of the Supreme Court of the State of New York · 2015
- People v. SmithAppellate Division of the Supreme Court of the State of New York · 1994
- People v. BladesNew York Court of Appeals · 1999
18 more not listed; retrieve them via the Exa API.