PEOPLE v. LEWIS (2025)

Judgment of conviction (Phyllis Chu, J.), rendered August 16, 2018, reversed, on the law, and a new trial ordered.

Defendant alleges and the People concede that the trial court erred in precluding cross-examination into allegations of the testifying police officers' prior misconduct made in two pending civil lawsuits, without considering the factors set forth in People v Smith, 27 NY3d 652 (2016). The People also concede the error was not harmless.

Because a new trial is required, we pass on no other issue.

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.

Per Curiam.

All concur