Summary
In People v. Thompson, 120 A.D.2d 627, 502 N.Y.S.2d 232, 233 (App.Div.), appeal denied, 68 N.Y.2d 774, 506 N.Y.S.2d 1058, 498 N.E.2d 160 (1986), the court held that it was error to deny defense counsel the right to cross-examine the complainant about her prior conviction of assault in the third degree.
Summary of this case from Johnson v. StateOpinion
May 12, 1986
Appeal from the Supreme Court, Queens County (Clabby, J.).
Judgment reversed, on the law, and new trial ordered. The facts have been considered and are determined to be established.
It was error for the trial court to deny defense counsel the opportunity to cross-examine the complainant about her 1969 conviction of assault in the third degree (see, People v Allen, 67 A.D.2d 558, affd 50 N.Y.2d 898). The complainant's credibility was a crucial issue in this case because of the conflicting testimony about the circumstances of the shooting. Therefore, this error cannot be considered harmless (see, People v Watson, 111 A.D.2d 888; cf. People v Batista, 113 A.D.2d 890; People v Allen, supra).
We also note that the court employed an out-dated definition of the word "firearm" in charging the jury with respect to the elements of criminal possession of a weapon in the second degree. The current definition focuses on the size, and not the concealability, of a weapon (see, Penal Law § 265.00). Eiber, J.P., Kunzeman, Kooper and Spatt, JJ., concur.