Opinion
Decided October 19, 1982
Appeal from the Appellate Division of the Supreme Court in the First Judicial Department, HOWARD E. GOLDFLUSS, J.
William E. Hellerstein and John D.B. Lewis for appellant.
Mario Merola, District Attorney ( Debra S. Reiser of counsel), for respondent.
On review of submissions pursuant to rule 500.2 (b) of the Rules of the Court of Appeals (22 N.Y.CRR 500.2 [g]), order reversed and a new trial ordered. The trial court erred in permitting the prosecution to elicit testimony regarding defendant's statements in that the prosecution was duty bound to inform the defense of the existence of those statements, which in effect were used as direct evidence of guilt ( People v Ricco, 56 N.Y.2d 320), pursuant to CPL 710.30 ( People v Briggs, 38 N.Y.2d 319).
Concur: Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and Meyer.