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PEOPLE v. DEGINA

140 A.D.2d 537 (1988)

The People of the State of New York, Respondent, v. Scott DeGina, Appellant

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

May 16, 1988

Ordered that the judgment is affirmed.

The trial court did not err in refusing to permit the defendant to offer into evidence a statement made by his codefendant, as that portion of the statement which tended to exculpate the defendant was not adverse to his codefendant's penal interest (see, People v Brensic, 70 N.Y.2d 9, mot to amend remittitur granted

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