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PEOPLE v. ENCARNACION

259 A.D.2d 309 (1999)

687 N.Y.S.2d 315

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. YANIS ENCARNACION, Also Known as YANIS AVILES, Appellant.

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

Decided March 11, 1999.

Any error in the admission of certain portions of the statements received as declarations against penal interest was harmless (People v Ayala, 75 N.Y.2d 422, 431-432; see also, People v Maher, 89 N.Y.2d 456, 462-463), since this evidence did not serve to undermine defendant's defense.

The statements made by the victim at the hospital were...

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