Opinion
February 5, 1996
Appeal from the Supreme Court, Kings County, Bianchi, J., Jones, J.
Ordered that the judgment is reversed, on the law, and a new trial is ordered. The facts have been considered and determined to have been established. Viewing the evidence in the light most favorable to the prosecution (see, People v. Contes, 60 N.Y.2d 620), we find that it was legally sufficient to establish the defendant's guilt beyond a reasonable doubt. Moreover, upon the exercise of our factual review power, we are satisfied that the verdict of guilt was not against the weight of the evidence (see, CPL 470.15).
However, as conceded by the People, the defendant had a right to examine certain existing police reports for purposes of impeachment (see, People v. Lineszy, 212 A.D.2d 548). Accordingly, the People's failure to produce the reports requires a reversal of the defendant's conviction and a new trial. Copertino, J.P., Santucci, Altman and Friedmann, JJ., concur.