People v. Williams

Summary

The New York Appellate Division, Fourth Department reversed Shala Williams's convictions for murder in the second degree, assault in the second degree, and criminal possession of a weapon and ordered a new trial. The court held that County Court improperly excluded unavailable witness testimony from a prior CPL article 440 hearing as a declaration against penal interest because independent circumstances established a reasonable possibility that the testimony was trustworthy. Two justices dissented, concluding that the testimony lacked sufficient corroboration and persuasive assurances of reliability.

Holdings

1. The witness's CPL article 440 hearing testimony satisfied the declaration-against-penal-interest requirements, including the independent reliability requirement, because the corroborating circumstances established a reasonable possibility that the testimony might be true.
2. The erroneous exclusion of the testimony was not harmless because the prosecution's proof was not overwhelming.

Questions Presented

1. Whether testimony from an unavailable witness given at a CPL article 440 hearing qualified as a declaration against penal interest and should have been admitted at defendant's second trial.
2. Whether exclusion of that testimony was harmless in light of the prosecution's evidence.

Disposition

reversed_and_remanded