People v. Guidice

Judgment unanimously affirmed. Memorandum: Defendant’s chief contention on appeal from his conviction of two counts of assault, second degree (Penal Law, § 120.05, subd 2) is that the trial court erred in permitting use on cross-examination of a suppressed statement given by defendant to Investigator Lloyd and in permitting Investigator Lloyd to testify to the statement on rebuttal. Defendant in his direct testimony concerning the incident underlying the charges admitted that he hit two men with his fists. He specifically denied, however, having seen, possessed, or used a knife or having cut…