People v. Killian

This is an omnibus motion by the defendant(1) to redact a portion of the indictment,(2) to preclude the District Attorney from introducing evidence of the defendant’s arrest for violation of section 265.05 , of the Penal Law, and(3) to preclude the District Attorney from using the defendant’s prior criminal conviction for impeachment, should the defendant testify.

The indictment accuses the defendant of the crime of assault in the second degree (Penal Law, § 120.05, subd. 3) committed as follows: “ The defendant, robert killian, on or about the 4th day of February, 1973, in the County of…