People v. Colarco

Sandler, J. P. (dissenting).

On this appeal the principal issue once again is whether the District Attorney may properly cross-examine a defense witness with regard to the failure of the witness previously to communicate exculpatory information to the police and to the District Attorney.

Over the past several years the issue has been frequently litigated in this court and in the Appellate Division, Second Department. (See 1st Dept: People v Milano, 59 AD2d 852; People v Brown, 62 AD2d 715; People v Maschi, 65 AD2d 405; People v Burgos, 69 AD2d 783; People v Nolasco, 70 AD2d 549. See 2d Dept:…