Opinion
November 4, 1991
Appeal from the County Court, Suffolk County (Mallon, J.).
Ordered that the judgment is reversed, on the law, and a new trial is ordered. No questions of fact have been raised or considered.
The trial court erred in precluding the defense counsel from cross-examining the complainant as to his prior convictions for manslaughter and attempted assault (see, People v. McGee, 68 N.Y.2d 328; People v. English, 126 A.D.2d 738; People v. Allen, 67 A.D.2d 558, affd 50 N.Y.2d 898). On the facts of this case, the error cannot be considered harmless, and the defendant is entitled to a new trial (see, People v. Memminger, 126 A.D.2d 752; People v. Robideau, 121 A.D.2d 769; People v. Watson, 111 A.D.2d 888).
In light of the foregoing, we need not reach the defendant's remaining contentions. Mangano, P.J., Bracken, Lawrence and O'Brien, JJ., concur.