[DOWNLOAD] "People State New York v. Rubin Rivers" by Supreme Court of New York " Book PDF Kindle ePub Free
eBook details
- Title: People State New York v. Rubin Rivers
- Author : Supreme Court of New York
- Release Date : January 08, 1983
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 63 KB
Description
Appeal by defendant from a judgment of the Supreme Court, Queens County (Balbach, J.), rendered August 28, 1980, convicting him of robbery in the first degree and assault in the third degree, upon a jury verdict, and imposing sentence. Judgment reversed, on the law and as a matter of discretion in the interest of justice, and new trial ordered. Three men assaulted and robbed Angel Rosario on August 7, 1979, at approximately 9:30 p.m. At trial, Rosario testified that one of his assailants was five feet, six inches tall or more and weighed about 150 or more pounds. A typed copy of a report prepared by the officer who responded to the crime scene indicated that Rosario could not identify his assailants. Defendant was arrested after Rosario selected his photograph from an array shown to him on August 13, 1979. The other assailants were never apprehended. At trial, defendant took the stand and stated that he did not commit the crime. He testified that he spent a quiet evening with his family on the night in question. He remembered what he did on August 7, 1979, because (1) he was arrested on August 16, 1979 and at that time he could recall what he had done on the day of the crime, and (2) he had a job interview at Martin Paints on August 8, 1979. Over defense counsels objection, the court allowed the prosecution to introduce rebuttal evidence to contradict defendants testimony with respect to the interview with Martin Paints. Martin Paints personnel manager testified, on rebuttal, that defendants interview was on August 14, not August 8, 1979. Defendant contends that the Peoples rebuttal testimony was improperly admitted, as its sole purpose was to impeach his credibility. We agree. The rebuttal evidence did not disprove any material fact in issue. The issue before the jury was not the date of defendants interview with Martin Paints, but whether he committed an assault and robbery on August 7, 1979. It has been repeatedly held that rebuttal testimony is not properly received in evidence where the purpose of the proffered testimony is the impeachment of a witness credibility with respect to collateral issues (People v Orse, 91 A.D.2d 1003; People v Goggins, 64 A.D.2d 717). Therefore, the rebuttal testimony should not have been admitted. Evidence of defendants guilt is not overwhelming. Rosario testified that he observed his attacker for 5 to 10 or more minutes from a distance of two feet away and that his assailant was five feet, six inches or more in height and weighed 150 or more pounds. Defendant is six feet, one inch tall and weighs 175 pounds. Also, the police report indicated that Rosario stated that he could not identify his assailants. Thus, the courts admission of the rebuttal testimony cannot be considered harmless error and a new trial is required (see People v Crimmins, 36 N.Y.2d 230). Defendant was further prejudiced because the prosecutrix, in her summation, referred to matters not in evidence, and [96 A.D.2d 874 Page 875]