People v. Montes

OPINION OF THE COURT

Jones, J.

We are called upon to determine whether the inability to recall an unavailable witness violated defendant’s rights under the Confrontation Clause. We find it did not.

*252In June 2004, defendant and his friend, Carlos Gonzalez, were implicated in the shooting of Robinson Lopez. The victim died from multiple gunshot wounds. Defendant was charged with murder in the second degree and criminal possession of a weapon in the second and third degrees.

At trial the prosecution had relied upon the testimonies of Loraine Ceballo and Tamika Taylor, two witnesses to the shooting.…