PEOPLE v. JOHNSON


105 A.D.2d 1085 (1984)

The People of the State of New York, Respondent, v. Gerald Johnson, Appellant

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

November 7, 1984


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...

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