PEOPLE v. ROBERTS


288 A.D.2d 403 (2001)

733 N.Y.S.2d 230

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ALFRED ROBERTS, Appellant.

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

Decided November 19, 2001.


Ordered that the judgment is affirmed.

The trial court providently exercised its discretion in precluding the defendant from entering into evidence a written statement by his friend, who was present at the scene and had implicated himself as the shooter. In order for a declaration against penal interest to be admissible at trial, the proponent must establish that: (1) the declarant was unavailable as a witness at trial, (2) when the statement was made the declarant...

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