| People v Evans (Rosco) |
| 2008 NY Slip Op 50575(U) [19 Misc 3d 131(A)] |
| Decided on March 20, 2008 |
| Appellate Term, First Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This opinion is uncorrected and will not be published in the printed Official Reports. |
Defendant appeals from a judgment of the Criminal
Court of the City of New York, New York County (Anthony Ferrara, J.), rendered
November 3, 2005, after a nonjury trial, convicting him of attempted assault in the third degree
and harassment in the second degree, and imposing sentence.
PER CURIAM:
Judgment of conviction (Anthony Ferrara, J.), rendered November 3, 2005, reversed,
on the law, and accusatory instrument dismissed.
As the People concede, the trial court committed reversible error in allowing the trial assistant to conduct an expansive inquiry on redirect of the arresting police officer regarding the details of his hospital interview with the nontestifying complainant, since that evidence went well beyond the actual subject matter of the officer's cross-examination (see People v Melendez, 55 NY2d 445, 451-453 [1982]). Inasmuch as defendant has served his sentence, we dismiss the accusatory instrument in lieu of ordering a new trial, a disposition expressly consented to by the People.
THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
Decision Date: March 20, 2008