Opinion
No. 64 SSM 6
06-14-2022
The PEOPLE of the State of New York, Respondent,, v. Edmond HUERTAS, Appellant.
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.
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.
OPINION OF THE COURT
MEMORANDUM.
The order of the Appellate Division should be affirmed. Under the unique circumstances presented, Supreme Court did not abuse its discretion in reserving decision on the People's pre-trial 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 N.Y. 264, 294, 61 N.E. 286 [1901] ; People v. Ingram, 71 N.Y.2d 474, 479, 527 N.Y.S.2d 363, 522 N.E.2d 439 [1988] ). In any event, any error that may have occurred in the court's Molineux rulings was harmless (see People v. Grant, 7 N.Y.3d 421, 424–426, 823 N.Y.S.2d 757, 857 N.E.2d 52 [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 A.D.3d 731, 734–740, 128 N.Y.S.3d 597 [ 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.