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People v. Rosero

Appellate Division of the Supreme Court of New York, Second Department
Feb 29, 2000
269 A.D.2d 472 (N.Y. App. Div. 2000)

Opinion

Submitted January 11, 2000

February 29, 2000

Appeal by the defendant from a judgment of the County Court, Nassau County (Orenstein, J.), rendered February 23, 1998, convicting him of murder in the second degree, upon a jury verdict, and imposing sentence.

John A. Clifford, Long Beach, N.Y., for appellant.

Denis Dillon, District Attorney, Mineola, N.Y. (Robert A. Schwartz and Margaret E. Mainusch of counsel), for respondent.

DAVID S. RITTER, J.P., MYRIAM J. ALTMAN, DANIEL F. LUCIANO, SANDRA J. FEUERSTEIN, JJ.


DECISION ORDER

ORDERED that the judgment is affirmed.

At trial, the defendant sought to introduce certain statements by his sister, which he claimed were exculpatory, as statements against her penal interest. However, the court properly exercised its discretion in excluding such statements as unreliable (see,People v. Shortridge, 65 N.Y.2d 309 ; People v. Settles, 46 N.Y.2d 154 ;People v. Stevens, 212 A.D.2d 746 ).

The defendant's remaining contentions are unpreserved for appellate review.


Summaries of

People v. Rosero

Appellate Division of the Supreme Court of New York, Second Department
Feb 29, 2000
269 A.D.2d 472 (N.Y. App. Div. 2000)
Case details for

People v. Rosero

Case Details

Full title:THE PEOPLE, etc., respondent, v. OMARI ROSERO, appellant. (Ind. No. 97825)

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Feb 29, 2000

Citations

269 A.D.2d 472 (N.Y. App. Div. 2000)
702 N.Y.S.2d 916