Ordered that the judgment as amended is affirmed.
Contrary to the defendant's contention, the trial court providently exercised its discretion by precluding him from admitting into evidence a written statement by a nontestifying third party, who was present at the scene of the crime and had implicated himself as the shooter. For a declaration against penal interest to be admissible at trial, the proponent must establish that (1) the declarant was unavailable as a...
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