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People v. James

717 N.E.2d 1052 (1999)

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People v. James

New York Court of Appeals

717 N.E.2d 1052 (1999)

Facts

Lieutenant Michael Gordon set up a meeting to illegally provide information to several people about an upcoming transit-police promotional exam. A few hours before the meeting, Gordon called a woman who was expected to attend the meeting and told her that Samuel James (defendant) had agreed to come to the meeting. This telephone call was recorded. During a grand-jury investigation into the matter, James denied attending the meeting. James was then charged with perjury. Gordon was not available to testify at James’s perjury trial. However, the trial court ruled that Gordon’s recorded statement about James’s plan to attend the meeting was admissible because it met the state-of-mind exception to the hearsay rule. James was convicted of perjury and appealed. On appeal, James argued that the state-of-mind exception was limited to the speaker’s own plans and did not apply to statements by someone else about James’s alleged plans.

Rule of Law

Issue

Holding and Reasoning (Levine, J.)

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