PEOPLE v. WIMMS


272 A.D.2d 420 (2000)

708 N.Y.S.2d 692

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DONNELL WIMMS, Appellant.

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

Decided May 8, 2000.


Ordered that the judgment is affirmed.

The court correctly refused to permit the defendant's mother to testify to the confessions the defendant's brother made to her. The defense counsel failed to demonstrate that the defendant's brother was unavailable (see, e.g., People v Anderson, 153 A.D.2d 893). Moreover, there was insufficient evidence to assure the trustworthiness and reliability...

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