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STATE v. WILLIAMS

777 A.2d 919 (2001)

169 N.J. 349

STATE of New Jersey, Plaintiff-Respondent, v. Maurice WILLIAMS, Defendant-Appellant.

Supreme Court of New Jersey.

Decided July 30, 2001.

Attorney(s) appearing for the Case

Bernadette N. DeCastro, Assistant Deputy Public Defender, argued the cause for appellant, (Peter A. Garcia, Acting Public Defender, attorney).

Jordana Jakubovic, Deputy Attorney General, argued the cause for respondent, (John J. Farmer, Jr., Attorney General of New Jersey, attorney).

Jessica A. Roth, Newark, argued the cause for amicus curiae, Association of Criminal Defense Lawyers of New Jersey, (Gibbons, Del Deo, Dolan, Griffinger & Vecchione, attorneys; Ms. Roth and Lawrence S. Lustberg, on the brief).

The opinion of the Court was delivered by ZAZZALI, J.

In this appeal, we must determine whether a decedent's statement that he "shot a kid" is admissible as a declaration against penal interest in a criminal prosecution of a defendant who was charged with shooting two children and, if so, whether the trial court's failure to admit the statement was harmless error. We conclude that the statement should have been admitted at defendant's trial and that failure to do...

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