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  5. 195 A.D.2d 112 (1994)
 

PEOPLE v. SMITH

195 A.D.2d 112 (1994)

The People of the State of New York, Respondent, v. Richard Smith, Appellant

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

January 20, 1994

Attorney(s) appearing for the Case

Miriam J. Hibel of counsel, New York City (Philip L. Weinstein, attorney), for appellant.

Kathleen E. Fay of counsel, New York City (Donald J. Siewert with her on the brief; Robert M. Morgenthau, District Attorney of New York County, attorney), for respondent.

MURPHY, P. J., WALLACH and KUPFERMAN, JJ., concur.

ASCH, J.

The issue before us is whether declarations against penal interest of a third party, which tended to exculpate the defendant Smith, should have been admitted into evidence. A necessary prerequisite for determination of such an issue is a familiarity with the underlying facts, and so, we set them forth in substantial detail.

At trial, Claudia Johnson testified that on January 24, 1991,

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