AD1 order dated December 10, 2013, reversing judgment of conviction and ordering a new trial. Decision below: 113 AD3d 153, 976 NYS2d 87. Clark, J. (AD dissenter), granted leave to People February 11, 2014. Argued November 16, 2015.

ISSUE PRESENTED: The trial court did not allow the defense to introduce a third-party witness’s statement as a declaration against penal interest. Query: is it a declaration against penal interest if the declarant knows her conduct may have been illegal, but does not know whether it is or not. (Assigned counsel for respondent: Mark W. Zeno & Robert S. Dean, Center for Appellate Litigation, 120 Wall Street, 28th Floor, NYC 10005.)