People v. Sangster

(Court opinion corrected 4/1/14.) Defendant was convicted, after jury trial, of first degree murder and attempted first degree murder for shootings of two persons. Court properly admitted Defendant's recorded jail telephone conversation, as proper foundation for call was laid under silent witness theory. Court properly admitted two witnesses' prior inconsistent statements as substantive evidence and for impeachment purposes. Surviving shooting victim's identification of Defendant as shooter was properly admitted for impeachment and to show effect on Defendant and his course of conduct. Prosecutor's comments in closing argument regarding truthfulness of gang members was based on evidence, and did not reference excluded evidence.(NEVILLE and MASON, concurring.)