New York Court of Appeals

The People of the State of New York, Respondent v. Samuel James, Appellant

July 1, 199993 N.Y.2d 620

Summary

The New York Court of Appeals affirmed the conviction, holding that Lieutenant Gordon's October 20 telephone statement was admissible under the state‑of‑mind hearsay exception and that his October 24 statement was admissible as a declaration against penal interest without redaction. The court also upheld the trial court's refusal to give a permissive adverse‑inference instruction regarding the destruction of evidence.