People v. Jackson

Appellate Division of the Supreme Court of New York

People v. Jackson

147 A.D.2d 947, 537 N.Y.S.2d 708, 1989 N.Y. App. Div. LEXIS 1318

CourtAppellate Division of the Supreme Court of the State of New York

DecidedFebruary 3, 1989

StatusPublished

This text of 147 A.D.2d 947 (People v. Jackson) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

People v. Jackson, 147 A.D.2d 947, 537 N.Y.S.2d 708, 1989 N.Y. App. Div. LEXIS 1318 (N.Y. Ct. App. 1989).

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Opinion

— Judgment unanimously affirmed. Memorandum: Defendant was convicted of two counts of felony murder, two counts of manslaughter in the first degree and five counts of attempted robbery in the first degree. On appeal, he contends that the trial court erred in precluding him from impeaching the testimony of Cleavon Clark, a defense witness, with the hearsay testimony of Phyllis Taylor. Clark allegedly told Taylor that he had been involved in the incident, which resulted in defendant’s conviction, but he denied any such admissions when he testified at trial. Defendant’s argument, relying on Chambers v Mississippi (410 US 284), is unavailing. Taylor’s testimony was not admissible under any recognized hearsay exception, and it did not possess the requisite indicia of reliability which would allow its receipt at trial under the theory permitted in Chambers (supra, at 300-301). There was no evidence corroborating Clark’s purported admissions. In addition, the statements allegedly made by Clark did not exculpate defendant. We find, therefore, that the trial court did not err in precluding Taylor’s testimony. We have examined defendant’s other contentions, and we find them to be without merit. (Appeal from judgment of Supreme Court, Monroe County, Cornelius, J.— murder, second degree, and other charges.) Present — Callahan, J. P., Doerr, Pine, Balio and Davis, JJ.

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— Judgment unanimously affirmed. Memorandum: Defendant was convicted of two counts of felony murder, two counts of manslaughter in the first degree and five counts of attempted robbery in the first degree. On appeal, he contends that the trial court erred in precluding him from impeaching the testimony of Cleavon Clark, a defense witness, with the hearsay testimony of Phyllis Taylor. Clark allegedly told Taylor that he had been involved in the incident, which resulted in defendant’s conviction, but he denied any such admissions when he testified at trial. Defendant’s argument, relying on Chambers v Mississippi (410 US 284), is unavailing. Taylor’s testimony was not admissible under any recognized hearsay exception, and it did not possess the requisite indicia of reliability which would allow its receipt at trial under the theory permitted in Chambers (supra, at 300-301). There was no evidence corroborating Clark’s purported admissions. In addition, the statements allegedly made by Clark did not exculpate defendant. We find, therefore, that the trial court did not err in precluding Taylor’s testimony. We have examined defendant’s other contentions, and we find them to be without merit. (Appeal from judgment of Supreme Court, Monroe County, Cornelius, J.— murder, second degree, and other charges.) Present — Callahan, J. P., Doerr, Pine, Balio and Davis, JJ.

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Bluebook (online)

147 A.D.2d 947, 537 N.Y.S.2d 708, 1989 N.Y. App. Div. LEXIS 1318, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-jackson-nyappdiv-1989.

Opinion

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