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PEOPLE v. WILLIAMS

62 A.D.3d 484 (2009)

877 N.Y.S.2d 894

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JASON WILLIAMS, Appellant.

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

May 12, 2009.

The record supports the court's denial (15 Misc.3d 1102[A], 2007 NY Slip Op 50457[U] [2007]), of defendant's application to introduce the grand jury testimony of an unavailable declarant as a declaration against penal interest. The reliability prong for introduction of such a declaration (see People v Settles, 46 N.Y.2d 154, 167-170 [1978]) was not met. The court properly concluded that any reliability this grand jury testimony may...

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