| People v Huertas |
| 2022 NY Slip Op 03861 [38 NY3d 1129] |
| June 14, 2022 |
| Court of Appeals |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| As corrected through Wednesday, September 7, 2022 |
| The People of the State of New York, Respondent, v Edmond Huertas, Appellant. |
Decided June 14, 2022
People v Huertas, 186 AD3d 731, affirmed.
Patricia Pazner, Appellate Advocates, New York City (De Nice Powell of counsel), for appellant.
Melinda Katz, District Attorney, Kew Gardens (Amanda Iannuzzi of counsel), for respondent.
Memorandum.
The order of the Appellate Division should be affirmed.{**38 NY3d at 1130}
Under the unique circumstances presented, Supreme Court did not abuse its discretion in reserving decision on the People's pretrial Molineux application which sought to cross-examine defendant regarding the underlying facts of his prior gun-related convictions until after defendant's testimony, at which time the court could determine whether, and to what extent, defendant opened the door to such inquiry (see People v Molineux, 168 NY 264, 294 [1901]; People v Ingram, 71 NY2d 474, 479 [1988]). In any event, any error that may have occurred in the court's Molineux rulings was harmless (see People v Grant, 7 NY3d 421, 424-426 [2006]).
Chief Judge DiFiore and Judges Rivera, Garcia, Singas, Cannataro and Troutman concur; Judge Wilson dissents and votes to reverse and order a new trial, for reasons stated in the dissenting opinion of Justice Cheryl E. Chambers at the Appellate Division (186 AD3d 731, 734-740 [2d Dept 2020, Chambers, J.P., dissenting]).
On review of submissions pursuant to section 500.11 of the Rules of the Court of Appeals (22 NYCRR 500.11), order affirmed, in a memorandum.