People v. Gilliard

Appeal by the defendant from a judgment of the County Court, Dutchess County (Greller, J.), rendered November 28, 2011, convicting him of murder in the second degree and assault in the first degree (two counts), upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

The County Court providently exercised its discretion in denying the defendant’s request to admit into evidence the codefendant’s out-of-court statement to a police officer as a declaration against penal interest. The portion of the statement that the defendant sought to admit did not directly inculpate…