People v. Gonzalez, 16 N.Y.3d 28 (2010)
The right to confrontation is violated when a witness provides adverse testimony on a non-collateral matter, and the defendant is not afforded a full and fair opportunity to cross-examine that witness due to the witness’s sudden unavailability, regardless of the reason for that unavailability.
Summary
Defendant Gonzalez was convicted of manslaughter and criminal possession of a weapon. A key witness, Ceballo, testified implicating Gonzalez in the shooting. After her testimony, she admitted to the prosecutor that she had seen Gonzalez with a gun, contradicting her initial statement. Ceballo became unavailable before the defense could cross-examine her about this inconsistency. The defense moved to strike Ceballo’s testimony, arguing a violation of the Confrontation Clause. The trial court denied the motion, and the Appellate Division affirmed. The Court of Appeals affirmed the conviction based on harmless error, but Chief Judge Lippman dissented, arguing that the denial of the opportunity to fully cross-examine Ceballo violated Gonzalez’s confrontation rights. The Court of Appeals majority held that because cross-examination occurred, there was no Confrontation Clause violation.
Facts
Loraine Ceballo testified that Gonzalez and a co-defendant ran through the lobby of her building after a shooting, and she initially stated she did not see them with guns. Later the same day, she admitted to the prosecutor that she did see a gun and received one from Gonzalez. Ceballo became unavailable before the defense could cross-examine her regarding this changed testimony. Gonzalez was convicted of manslaughter in the first degree and criminal possession of a weapon in the second degree.
Procedural History
The trial court denied Gonzalez’s motion to strike Ceballo’s testimony. The Appellate Division affirmed the conviction. The New York Court of Appeals affirmed, with Chief Judge Lippman dissenting in a separate opinion.
Issue(s)
Whether the defendant’s right to confrontation was violated when a key witness became unavailable for cross-examination after providing adverse testimony but before the defense could question her about a significant inconsistency in her statements.
Holding
No, because the witness was cross-examined, albeit before the change in her testimony was revealed, there was no violation of the Confrontation Clause. However, Chief Judge Lippman argued yes, because the defendant was denied a full and fair opportunity to test the witness’s credibility regarding her changed testimony, which directly implicated the defendant in the crime.
Court’s Reasoning
The majority found no Confrontation Clause violation because the witness was subjected to cross-examination. The Chief Judge, in dissent, argued that the right to confrontation is violated when a witness provides adverse testimony and the defendant is not afforded a full and fair opportunity to test that testimony through cross-examination. Lippman argued that the reason for the witness’s unavailability is irrelevant; the critical factor is whether the defendant had a chance to fully and fairly cross-examine the witness about all relevant aspects of their testimony. He distinguished this case from cases where the witness was available but the cross-examination was limited by the court. He cited People v Vargas, 88 NY2d 363, 380 (1996) and People v Chin, 67 NY2d 22 (1986) in support of his position that denial-of-confrontation claims may arise from a witness’s midtrial unavailability for cross-examination. Lippman stated, “If testimony adverse to the defendant upon a noncollateral matter has been placed before the jury and the defendant has not been afforded an opportunity fully and fairly to test that testimony by cross-examination, the right of confrontation has been infringed. Until today, there has never been a rule that the assertion of that right was somehow dependent upon the precipitant of a witness’s unavailability.” He ultimately concurred in the affirmance because the jury acquitted the defendant of the top counts, indicating they rejected Ceballo’s testimony, mitigating any potential prejudice.