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PEOPLE v. MORGAN

76 N.Y.2d 493 (1990)

The People of the State of New York, Appellant, v. Richard Morgan, Respondent.

Court of Appeals of the State of New York.

Decided October 16, 1990.

Attorney(s) appearing for the Case

Steven Chananie, Ronald Goldstock and Martin Marcus for appellant.

Richard E. Kaplan for respondent.

Chief Judge WACHTLER and Judges SIMONS, KAYE, ALEXANDER, TITONE and HANCOCK, JR., concur.

BELLACOSA, J.

The issue in this appeal is the admissibility at trial against defendant of Grand Jury testimony of a recalcitrant, "cooperating" accomplice, Flihan, under the declaration against penal interest exception to the hearsay rule. In People v Thomas (68 N.Y.2d 194), we held that statements made by an accomplice at his own guilty plea allocution qualified as...

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