People v. Geoghegan

OPINION OF THE COURT

The issue on this appeal is whether a statement made by an accomplice, characterized as a declaration against penal interest, was properly admitted against the defendant. We conclude that it does not satisfy the tests for admission of a statement against penal interest laid down in People v Maerling (46 NY2d 289) and that the defendant’s conviction, therefore, may not stand. Because we decide that the statement cannot be *48consider whether the defendant’s right of confrontation guaranteed by the Sixth Amendment has been violated.

The defendant was convicted after a jury trial…