People v. Koleskor

Mollen, P. J.,

dissents and votes to reverse the judgment and order a new trial with the following memorandum. I vote to reverse the judgment of conviction and remit the matter for a new trial based upon what I perceive to be several errors by the trial court and the prosecutor which, taken together, warrant reversal in the interest of justice.

The defendant stands convicted of assault in the first degree arising out of the stabbing attack upon Anatoly Kolomensky in Brooklyn on August 23, 1982. At trial, the defendant raised an alibi defense claiming that on the night in question he was on…