People v. Coles

Appeal by defendant from a judgment of the Supreme Court, Queens County, rendered April 19, 1973, convicting him of assault in the second degree and possession of weapons and dangerous instruments and *906appliances, as a felony, upon a jury verdict, and imposing sentence. Judgment reversed, on the law and as a matter of discretion in the interest of justice, and new trial ordered. Questions of fact have not been raised or considered. The trial court abused its discretion in permitting the prosecution to reopen its case to adduce testimony by alleged eyewitnesses which the prosecution should have…