Legal Opinion

People v. Branham

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

Decided February 19, 2009PublishedCited by 1 opinion

1Opinion of the Court

*273Judgment, Supreme Court, Bronx County (David Stadtmauer, J.), rendered June 8, 2006, convicting defendant, after a jury trial, of murder in the second degree, and sentencing him to a term of 25 years to life, unanimously affirmed.

The court properly exercised its discretion in precluding defendant from introducing a prosecution witness’s testimony about an alleged declaration against penal interest made by a codefendant (see People v Settles, 46 NY2d 154, 167-170 [1978]). In this felony murder case, the People’s evidence established that defendant personally committed the homicidal act while…

2Cases cited8 opinions

  1. People v. CrimminsNew York Court of Appeals · 1975
  2. Chambers v. MississippiSupreme Court of the United States · 1973
  3. People v. SettlesNew York Court of Appeals · 1978
  4. People v. BuieNew York Court of Appeals · 1995
  5. People v. CavinessNew York Court of Appeals · 1975

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3Cited by1 opinion

  1. People v. ShabazzNew York Court of Appeals · 2013

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