People v. Brown, 26 N.Y.2d 88 (1970)

A declaration against penal interest is admissible as an exception to the hearsay rule when the declarant is unavailable to testify due to death, being beyond the court’s jurisdiction, or invoking their Fifth Amendment right against self-incrimination.

Summary

The defendant, Brown, was convicted of second-degree murder. A key issue was self-defense, hinging on whether the deceased had a gun drawn. One witness claimed the deceased had a gun, while others disputed this. Shelton Seals, jailed on a robbery charge, admitted to both police and the defendant’s lawyer that he