Com. v. Lu, C.

J-S45009-19

2019 PA Super 339

COMMONWEALTH OF PENNSYLVANIA, : IN THE SUPERIOR COURT OF : PENNSYLVANIA Appellee : : v. : : CHENG JIE LU, : : Appellant : No. 2658 EDA 2017 Appeal from the Judgment of Sentence Entered August 3, 2017 In the Court of Common Pleas of Philadelphia County Criminal Division at No(s): CP-51-CR-0009321-2016 BEFORE: BENDER, P.J.E., MURRAY, J., and PELLEGRINI, J.* DISSENTING OPINION BY MURRAY, J.: FILED NOVEMBER 13, 2019 I respectfully dissent. While I agree that it was error for the trial court to admit the out-of-court statement of an unavailable witness, I would conclude…