The People v. Edmond Huertas

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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