Legal Opinion

People v. Haymon

Appellate Division of the Supreme Court of the State of New York

Decided November 13, 2000No. Appeal No. 1PublishedCited by 4 opinions

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

  1. United States v. CrewsSupreme Court of the United States · 1980
  2. People v. BrensicNew York Court of Appeals · 1987
  3. People v. ThomasNew York Court of Appeals · 1986
  4. People v. YoungNew York Court of Appeals · 1982
  5. People v. MackieAppellate Division of the Supreme Court of the State of New York · 1987

3Cited by4 opinions

  1. Haymon v. New YorkDistrict Court, W.D. New York · 2004
  2. People v. Bermudez, New York County Courts2015
  3. People v. HaymonAppellate Division of the Supreme Court of the State of New York · 2000
  4. People v. McCalmonAppellate Division of the Supreme Court of the State of New York · 2017

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