People v. Carter

Judgment, Supreme Court, New York County (George Daniels, J.), rendered May 8, 1996, convicting defendant, after a jury trial, of robbery in the first degree (two counts) and robbery in the second degree, and sentencing him to three concurrent terms of 21/2 to 71/2 years, and order, same court and Justice, entered on or about August 17, 1999, which denied defendant’s motion to vacate the judgment, unanimously affirmed.

Defendant failed to meet his burden of establishing that an accomplice’s statement was admissible as a declaration against penal interest (see, People v Settles, 46 NY2d 154,…