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PEOPLE v. MONTES

No. 23.

16 N.Y.3d 250 (2011)

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. OMAR MONTES, Appellant.

Court of Appeals of New York.

Decided February 17, 2011.

Attorney(s) appearing for the Case

Legal Aid Society, Criminal Appeals Bureau, New York City ( Allen Fallek and Steven Banks of counsel), for appellant.

Cyrus R. Vance, Jr. , District Attorney, New York City ( Matthew C. Williams and David M. Cohn of counsel), for respondent.

Judges CIPARICK, GRAFFEO, READ, SMITH and PIGOTT concur with Judge JONES; Chief Judge LIPPMAN concurs in result in a separate opinion.

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.

In 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...

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