People v. Mullings
| Court | New York Supreme Court Appellate Division |
| Citation | 921 N.Y.S.2d 152,83 A.D.3d 871,2011 N.Y. Slip Op. 03091 |
| Parties | The PEOPLE, etc., respondent,v.Lenroy MULLINGS, appellant. |
| Decision Date | 12 April 2011 |
83 A.D.3d 871
921 N.Y.S.2d 152
2011 N.Y. Slip Op. 03091
The PEOPLE, etc., respondent,
v.
Lenroy MULLINGS, appellant.
Supreme Court, Appellate Division, Second Department, New York.
April 12, 2011.
[921 N.Y.S.2d 153]
Lynn W.L. Fahey, New York, N.Y. (Lisa Napoli of counsel), for appellant.Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove, Lori Glachman, and Joanna Cohn Weiss of counsel), for respondent.MARK C. DILLON, J.P., JOSEPH COVELLO, ANITA R. FLORIO, and L. PRISCILLA HALL, JJ.
[83 A.D.3d 871] Appeal by the defendant from a judgment of the Supreme Court, Kings County (Konviser, J.), rendered September 29, 2008, convicting him of robbery in the second degree (two counts) and criminal possession of stolen property in the fifth degree, upon a jury verdict, and imposing sentence.
ORDERED that the judgment is modified, on the law, by vacating the defendant's conviction of robbery in the second degree relating to the incident of February 1, 2007, and the sentence imposed thereon; as so modified, the judgment is affirmed, and the matter is remitted to the Supreme Court, Kings County, for a new trial on that count.
The charges arise out of two separate incidents that occurred on February 1, 2007, and February 2, 2007, respectively, each involving an attack on a high school student walking home alone after school. The defendant was identified as one of the assailants of the attack which took place on February 2, 2007, but the complainant from the attack of February 1 (hereinafter the February 1 complainant) could only identify a distinctive white jacket worn by an individual he saw fleeing with his back pack. While the February 1 complainant testified that in his statement to the responding police officers, he gave a description of the white jacket, the police report prepared by the officers contained no such description. Finding that the police report and its contents were inadmissible hearsay, the Supreme Court precluded defense counsel from calling the recording officer as a witness for the defense to adduce testimony regarding the contents of the report, and curtailed her cross-examination of the officer who subsequently received a copy of the report. We agree with the defendant that preclusion of the evidence deprived him of a fair trial with regard to the attack of February 1, 2007.
A police report should be admitted into evidence where, as here, “it indicates that the source of the information contained in it was the...
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