The People v. Edmond Huertas

• Court: New York Court of Appeals
• Decided: June 14, 2022
• Docket: 64
• Status: Published

Opinion

State of New York MEMORANDUM Court of Appeals This memorandum is uncorrected and subject to revision before publication in the New York Reports.

No. 64 SSM 6 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 -1- -2- SSM No. 6

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

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