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PEOPLE v. SOTO

Dkt. 43587C/10, 10529

113 A.D.3d 153 (2013)

976 N.Y.S.2d 87

2013 NY Slip Op 8217

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. VICTOR SOTO, Appellant.

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

Decided December 10, 2013.

Attorney(s) appearing for the Case

Robert S. Dean , Center for Appellate Litigation, New York City ( Mark W. Zeno of counsel), for appellant.

Robert T. Johnson , District Attorney, Bronx ( Rebecca L. Johannesen and Stanley R. Kaplan of counsel), for respondent.

SAXE and FREEDMAN, JJ., concur with ACOSTA, J.; MAZZARELLI, J.P. and CLARK, J., dissent in a separate opinion by CLARK, J.

OPINION OF THE COURT

ACOSTA, J.

The decision whether to admit a declaration against penal interest as an exception to the hearsay rule requires, among other factors, that the declarant be aware at the time of its making that the statement was contrary to his or her penal interest. The issue in this case is whether a statement in which an individual admits to conduct constituting an offense is a statement against penal interest, where the individual believes...

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