People v Huertas

People v Huertas 2022 NY Slip Op 03861 Decided on June 14, 2022 Court of Appeals Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on June 14, 2022
No. 64 SSM 6

[*1]The People & c., Respondent,

v

Edmond Huertas, Appellant.

Submitted by De Nice Powell, for appellant.

Submitted by Amanda Iannuzzi, for respondent.

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 NY 264, 294 [1901]; People v Ingram, 71 NY2d 474, 479 [1988]). In any event, any error that may have occurred in the court's Molineux rulings was harmless (see People v Grant, 7 NY3d 421, 424-426 [2006]).

On review of submissions pursuant to section 500.11 of the Rules, order affirmed, in a memorandum. 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 AD3d 731, 734-740 [Chambers, J.P., dissenting]).

Decided June 14, 2022