People v Huertas, 38 NY3d at 1129 (2022)

2022 NY Slip Op 03861 [38 NY3d 1129]
June 14, 2022
Court of Appeals

[*1]

In the Matter of The People of the State of New York, Respondent,
v
Edmond Huertas, Appellant

Decided June 14, 2022

People v Huertas, 186 AD3d 731, affirmed.

{**38 NY3d at 1129} OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed.{**38 NY3d at 1130}

Under the unique circumstances presented, Supreme Court did not abuse its discretion in reserving decision on the People’s pretrial 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 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]).

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 [2d Dept 2020, Chambers, J.P., dissenting]).

On review of submissions pursuant to section 500.11 of the Rules of the Court of Appeals (22 NYCRR 500.11), order affirmed, in a memorandum.