People v. Haymon
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
—Judgment unanimously affirmed. Memorandum: County Court properly admitted in evidence the redacted statement of defendant’s nontestifying accomplice as a declaration against penal interest. The People established that the accomplice invoked his constitutional privilege against self-incrimination and thus was unavailable as a witness; he was aware when he made the statement that it was contrary to his penal interest; he had competent knowledge of the underlying facts; and there was sufficient competent evidence independent of the declaration to assure its trustworthiness and reliability (see,…
2Cases cited5 opinions
- United States v. CrewsSupreme Court of the United States · 1980
- People v. BrensicNew York Court of Appeals · 1987
- People v. ThomasNew York Court of Appeals · 1986
- People v. YoungNew York Court of Appeals · 1982
- People v. MackieAppellate Division of the Supreme Court of the State of New York · 1987
3Cited by4 opinions
- Haymon v. New YorkDistrict Court, W.D. New York · 2004
- People v. Bermudez, New York County Courts2015
- People v. HaymonAppellate Division of the Supreme Court of the State of New York · 2000
- People v. McCalmonAppellate Division of the Supreme Court of the State of New York · 2017