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People v. Johnson

Appellate Division of the Supreme Court of New York, Fourth Department
Nov 7, 1984
105 A.D.2d 1085 (N.Y. App. Div. 1984)

Opinion

November 7, 1984

Appeal from the Monroe County Court, Maas, J.

Present — Hancock, Jr., J.P., Callahan, Doerr, Denman and O'Donnell, JJ.


Judgment unanimously affirmed. Memorandum: The trial court properly excluded defendant's hearsay statement, communicated to his former attorney, in which defendant allegedly admitted using a stolen credit card. This statement is not admissible as a declaration against penal interest because a statement made to an attorney is confidential and, therefore, not adverse to one's penal interest and because, in the instant case, there is a complete absence of any supporting circumstances attesting to the trustworthiness of the statement ( People v Settles, 46 N.Y.2d 154, 167; see, also, People v Trice, 101 A.D.2d 581).


Summaries of

People v. Johnson

Appellate Division of the Supreme Court of New York, Fourth Department
Nov 7, 1984
105 A.D.2d 1085 (N.Y. App. Div. 1984)
Case details for

People v. Johnson

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. GERALD JOHNSON…

Court:Appellate Division of the Supreme Court of New York, Fourth Department

Date published: Nov 7, 1984

Citations

105 A.D.2d 1085 (N.Y. App. Div. 1984)
482 N.Y.S.2d 188

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