Appellate Division of the Supreme Court of the State of New York June 23, 2011 (People v. Encarnacion)

OPINION OF THE COURT

Román, J.

The salient issue on this appeal concerns the United States Constitution’s Confrontation Clause and whether the trial court, in allowing the prosecution to use a witness’s grand jury testimony in its case-in-chief, without producing the witness, violated defendant’s right of confrontation.