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PEOPLE v. CARTER

276 A.D.2d 347 (2000)

714 N.Y.S.2d 459

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JERMAINE CARTER, Appellant.

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

Decided October 17, 2000.

Defendant failed to meet his burden of establishing that an accomplice's statement was admissible as a declaration against penal interest (see, People v Settles, 46 N.Y.2d 154, 167). The court correctly concluded that the portion of the statement exculpating defendant, by way of inculpating others, was not against the accomplice's penal interest because it was an "attempt[] to significantly minimize his role and to exculpate himself...

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