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PEOPLE v. GEOGHEGAN

51 N.Y.2d 45 (1980)

The People of the State of New York, Appellant, v. Henry Geoghegan, Respondent.

Court of Appeals of the State of New York.

Decided July 3, 1980.

Attorney(s) appearing for the Case

Robert M. Morgenthau, District Attorney (Amyjane Rettew and Robert M. Pitler of counsel), for appellant.

Steven G. Eckhaus and Zoltan Hankovszky for respondent.

Chief Judge COOKE and Judges GABRIELLI, JONES, WACHTLER and MEYER concur in Per Curiam opinion; Judge JASEN dissents and votes to reverse in a separate opinion in which Judge FUCHSBERG concurs.

Per Curiam.

The issue on this appeal is whether a statement made by an accomplice, characterized as a declaration against penal interest, was properly admitted against the defendant. We conclude that it does not satisfy the tests for admission of a statement against penal interest laid down in People v Maerling (46 N.Y.2d 289) and that the defendant's conviction, therefore...

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