Fourth Department – Hearsay exception: People v. Smith

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New York State Supreme Court, Appellate Division, Fourth Judicial Department

Hearsay exception

Declaration against penal interest – Reliability

People v. Smith

KA 15-01369

Appealed from Monroe County Court

Background: The defendant appealed from his conviction of criminal possession of a weapon and three counts of criminal possession of a controlled substance. The conviction arises from the discovery of a weapon hidden in the defendant’s home and cocaine in the kitchen during the execution of a no-knock warrant. At issue on appeal is a signed statement from a man alleging that the gun and drugs belonged to him and that the defendant did not know they were hidden in the home.

Ruling: The Appellate Division affirmed. The court held that the defendant failed to establish that the hearsay statement was reliable to meet the hearsay exception for declarations against penal interest. The court noted that the declarant had recanted his statement almost immediately after he signed it and that the cocaine was discovered on the counter in plain view of the defendant. The declarant also failed to explain why he brought a loaded firearm to the defendant’s residence or why he felt the need to hide the weapon from the defendant.

Kathleen P. Reardon, of the conflict defender’s office, for the defendant-appellant; Merideth H. Smith, of the district attorney’s office, for the respondent.

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