PEOPLE v. BRANHAM


59 A.D.3d 272 (2009)

873 N.Y.S.2d 301

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. TODD BRANHAM, Appellant.

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

Decided February 19, 2009.


The court properly exercised its discretion in precluding defendant from introducing a prosecution witness's testimony about an alleged declaration against penal interest made by a codefendant (see People v Settles, 46 N.Y.2d 154, 167-170 [1978]). In this felony murder case, the People's evidence established that defendant personally committed the homicidal act while aided by two codefendants, each of whom pleaded guilty. Defendant...

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