Declaration Against Penal Interest:

• Library: The Rulebook: The Definitive Quick Reference Guide for New York Criminal Law Practitioners (2020 Ed.)

► DECLARATION AGAINST PENAL INTEREST: "The declaration against penal interest exception to the hearsay rule 'recognizes the general reliability of such statements . . . because normally people do not make statements damaging to themselves unless they are true' (People v Brensic, 70 NY2d 9, 14 [1987]; see e.g. People v Maerling, 46 NY2d 289, 297 [1978]). The exception has four components: (1) the declarant must be unavailable to testify by reason of death, absence from the jurisdiction or refusal to testify...