Opinion
May 17, 1993
Appeal from the Supreme Court, Kings County (Kreindler, J.).
Ordered that the judgment is affirmed.
The trial court properly refused to admit into evidence the alleged hearsay statement made by a nonwitness to the defendant's private investigator. Although the declarant asserted that the defendant was not aware that the declarant possessed the gun prior to the declarant discharging it towards the victim's automobile, this exculpatory portion of the declaration was not adverse to the declarant's penal interest (see, People v Maerling, 46 N.Y.2d 289; People v Jerido, 171 A.D.2d 885; People v Nicholson, 108 A.D.2d 929).
The defendant's remaining contentions are unpreserved for appellate review, and we decline to reach them in the exercise of our interest of justice jurisdiction. Bracken, J.P., Rosenblatt, Ritter and Santucci, JJ., concur.