People v. Wallace

Carpinello, J. (dissenting).

I respectfully dissent. While defense counsel’s cross-examination of John Rice, an agent with the Drug Enforcement Administration (hereinafter DEA), may not have opened the door for the identification of defendant as the secondary supplier of drugs to the confidential informant, any error was harmless for two reasons, namely, the jury already knew that defendant had previously supplied drugs to the confidential informant (hereinafter Cl) and the evidence of guilt was overwhelming (see e.g. People v Ward, 10 AD3d 805, 807 [2004], lv denied 4 NY3d 768 [2005]; People…