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PEOPLE v. GAGLIARDO

3 Misc.3d 40 (2004)

779 N.Y.S.2d 331

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. VITTORIO GAGLIARDO, Appellant.

Supreme Court, Appellate Term, Second Department.

April 1, 2004.

Attorney(s) appearing for the Case

Bridget Fleming, Sag Harbor, for appellant.

Thomas J. Spota, District Attorney, Riverhead (Ronald E. Lipetz of counsel), for respondent.

MCCABE, P.J., LIFSON and SKELOS, JJ., concur.

OPINION OF THE COURT

MEMORANDUM.

Judgments of conviction unanimously reversed on the law and matter remanded for a new trial.

Defendant contends on appeal that the trial court's Sandoval ruling unduly compromised his right to testify by exerting a chilling effect. Defendant's criminal record included (1) a 1998 conviction for attempted aggravated harassment in which the complainant was the ex-husband of the complainant in the case at bar,...

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