People v. Burgos

Fein, J. (dissenting).

The majority in affirming relies on People v Brown (62 AD2d 715), which affirmed a conviction despite the cross-examination of the alibi witnesses as to whether and when they disclosed to the District Attorney or the police the facts constituting the alibi. However, in Brown, as the court noted, distinguishing People v Milano (59 AD2d 852), there was no objection to the cross-examination. In our case, as in Milano, there was objection. (See People v Maschi, 65 AD2d 405; People v Smoot, 59 AD2d 898; People v Hamlin, 58 AD2d 631.) In this case defendant’s wife testified…