People v. Smith
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
OPINION OF THE COURT
Asch, J.
The issue before us is whether declarations against penal interest of a third party, which tended to exculpate the defendant Smith, should have been admitted into evidence. A necessary prerequisite for determination of such an issue is a familiarity with the underlying facts, and so, we set them forth in substantial detail.
At trial, Claudia Johnson testified that on January 24, 1991, *114she and her husband, Kirk Barrett, lived on East 129th Street in Manhattan. At approximately 8:00 p.m., Johnson was walking home along the north side of 129th Street, approaching Fifth…
2Cases cited11 opinions
- Chapman v. CaliforniaSupreme Court of the United States · 1967
- Chambers v. MississippiSupreme Court of the United States · 1973
- People v. SettlesNew York Court of Appeals · 1978
- People v. MaerlingNew York Court of Appeals · 1978
- People v. BrensicNew York Court of Appeals · 1987
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3Cited by11 opinions
- Morales v. PortuondoDistrict Court, S.D. New York · 2001
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- Lyons v. JohnsonDistrict Court, S.D. New York · 1996
- People v. ThompsonAppellate Division of the Supreme Court of the State of New York · 2013
- People v. FonfriasAppellate Division of the Supreme Court of the State of New York · 1994
6 more not listed; retrieve them via the Exa API.