Handling the State-of-Mind Hearsay Exception in a Criminal Trial: Guidance From the Second Department
The 'Lockley' decision is a great reminder that when your hearsay objection is met with a state-of-mind counter, that's not the end of it.
December 14, 2021 at 11:00 AM
10 minute read
Evidence
The Second Department recently decided a case dealing with what is undeniably the bane of the criminal defense bar: handling testimony of a law enforcement officer, who is recounting statements made to them by a non-testifying accomplice directly implicating the criminal defendant on trial. The case is People v. Lockley, 2021 NY Slip Op 06192 (2d Dept. Nov. 10, 2021) (Chambers, J.)).
In Lockley, the jury convicted the defendant of felony murder and other related offenses. The Second Department reversed and ordered a new trial.
Here is what happened at the trial in Supreme Court, Queens County: In their opening statement, the People announced that the jury "will hear how after being confronted with the fact that a male Indian who had been spoken to by the police and said he's the one who did this, you will hear what Lockley's reaction was to that."
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