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PEOPLE v. SANTIAGO

13 A.D.3d 81 (2004)

785 N.Y.S.2d 449

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. PHILLIP SANTIAGO, Appellant.

Appellate Division of the Supreme Court of the State of New York, First Department.

December 7, 2004.

The court erred in prohibiting defendant from introducing a police report that contained a prior inconsistent statement by one of the People's identifying witnesses as to the number of individuals who participated in the burglary, since the statement concerned the manner in which the crime was committed (see People v Schwartzman, 24 N.Y.2d 241, 246 [1969] ["a fact is not a collateral matter if it could be shown in evidence for any...

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