PEOPLE v. FABREGAS

2011-07614

130 A.D.3d 939 (2015)

15 N.Y.S.3d 794

2015 NY Slip Op 06253

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. RICHARD FABREGAS, Appellant.

Appellate Division of the Supreme Court of New York, Second Department.

Decided July 22, 2015.


Ordered that the judgment is reversed, on the law, and a new trial is ordered.

The defendant contends that he was deprived of a fair trial as a result of the prosecutor's cross-examination of a correction officer whom the defense called as a witness and who appeared in uniform to testify and identified himself as a correction officer, on the basis that the prosecutor sought to elicit testimony which would demonstrate that he had been incarcerated pending trial. This...

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