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PEOPLE v. OTERO

288 A.D.2d 67 (2001)

732 N.Y.S.2d 343

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ELIAS OTERO, Appellant.

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

Decided November 13, 2001.

The court properly precluded defendant from introducing evidence of third-party culpability since the proffered evidence was both inadmissible as hearsay and lacking in any probative value (see, People v Primo, 96 N.Y.2d 351). The hearsay statement attributed to the third party was not admissible as a declaration against penal interest since it was not shown to be based on his personal...

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