Court of Appeals of New York

Conviction for second-degree burglary is reversed and a new trial ordered where: 1) the collateral estoppel doctrine did not bar the prosecution from introducing, at defendant's second trial, evidence that he threatened a burglary victim with a razor blade after he was acquitted of charges involving use of a dangerous instrument in his first trial; but 2) the advocate-witness rule required the trial court to either grant defense counsel's motion to withdraw or declare a mistrial when her mistaken recitation of the facts of the case at defendant's arraignment was used to impeach defendant's testimony at trial.

Appellate Information

• Published 2015/12/16

Judges

• PIGOTT

Court

• Court of Appeals of New York

Counsel