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PEOPLE v. ARIAS

243 A.D.2d 309 (1997)

664 N.Y.S.2d 522

The People of the State of New York, Respondent, v. Jose Arias, Appellant

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

October 14, 1997

Defendant failed to meet his burden of demonstrating that the statement of his codefendant was admissible as a declaration against penal interest, since the portion of the statement exculpating defendant was clearly not against the codefendant's penal interest and was otherwise unreliable (People v Settles, 46 N.Y.2d 154, 167). Defendants' remaining arguments regarding this evidence are without merit.

Defendant's challenge...

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