Introducing ATLASLearn more
Legal Opinion

The People v. Victor Soto

New York Court of Appeals

Decided December 17, 2015No. 206PublishedCited by 12 opinions

1Opinion of the Court

OPINION OF THE COURT

Chief Judge Lippman.

The central issue in this case is whether an unavailable witness’s statement to a defense investigator — that she, not defendant, was the driver at the time of the accident and that she fled the scene — should have been admitted as a declaration against interest. Because the witness was aware at the time she made the statement that it was against her interest, the four prongs of the test described in People v Settles (46 NY2d 154 [1978]) were met and the statement should have been admitted as a declaration against interest.

*458Around midnight on July 11,…

2Cases cited6 opinions

  1. People v. SettlesNew York Court of Appeals · 1978
  2. People v. MaerlingNew York Court of Appeals · 1978
  3. People v. BrensicNew York Court of Appeals · 1987
  4. People v. BrownNew York Court of Appeals · 1970
  5. Basile v. Huntington Utilities Fuel Corp.Appellate Division of the Supreme Court of the State of New York · 1977

1 more not listed; retrieve them via the Exa API.

3Cited by12 opinions

  1. People v. ThibodeauNew York Court of Appeals · 2018
  2. People v. ThibodeauAppellate Division of the Supreme Court of the State of New York · 2017
  3. Global Liberty Ins. Co. v. LaruenceauAppellate Division of the Supreme Court of the State of New York · 2020
  4. People v. SampsonAppellate Division of the Supreme Court of the State of New York · 2020
  5. Gomes v. Pearson Capital Partners LLCAppellate Division of the Supreme Court of the State of New York · 2018

7 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

View API DocsGet API Key

Powered by the Exa API