PEOPLE v. LINYEAR


25 A.D.3d 811 (2006)

807 N.Y.S.2d 651

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JOSEPH LINYEAR, Appellant.

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

January 31, 2006.


Ordered that the judgment is affirmed.

Contrary to the defendant's contention, the trial court providently exercised its discretion in precluding the defendant from entering into evidence a notarized, written statement of a nontestifying third party, who stated that the controlled substance found in the defendant's car belonged to her and that the defendant did not know it was there. In order for a declaration against penal interest to be admissible at trial, the...

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