People v. Arias

Full title: THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JOSE ARIAS, Appellant

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

Date published: Oct 14, 1997

243 A.D.2d 309 (N.Y. App. Div. 1997)

664 N.Y.S.2d 522

Opinion

October 14, 1997

Appeal from the Supreme court, New York County (Ira Beal, J.).

Defendant failed to meet his burden of demonstrating that the statement of his codefendant was admissible as a declaration against penal interest, since the portion of the statement exculpating defendant was clearly not against the codefendant's penal interest and was otherwise unreliable ( People v. Settles, 46 N.Y.2d 154, 167). Defendants' remaining arguments regarding this evidence are without merit.

Defendant's challenge to the court's charge regarding reasonable doubt is unpreserved and, in any event, without merit since the charge as a whole conveyed the proper standard ( see, People v. Antommarchi, 80 N.Y.2d 247, 252).

We perceive no abuse of sentencing discretion.

Concur — Milonas, J.P., Wallach, Williams, Tom and Mazzarelli, JJ.