People v. Carracedo

OPINION OF THE COURT

Gerald Sheindlin, J.

The defendant was indicted for, inter alia, murder in the second degree (Penal Law § 125.25 [1]). The defendant’s first jury trial on this indictment resulted in a mistrial when the jury failed to reach a verdict following a seven-week trial. *1094During the ensuing second trial before this court, the prosecutor moved for permission to introduce into evidence the transcript of the testimony of Cathy Alessandro, a witness who testified in the defendant’s first trial. The prosecution alleged the Ms. Alessandro was traveling somewhere in Yugoslavia and was not…