People v. Arroyo

Ross, J. P, (dissenting).

Although I agree with Justice Wallach that the defendant’s conviction should be reversed, I disagree with his opinion that a harmless error analysis is applicable to defendant’s fundamental constitutional right to call witnesses in his behalf (Chambers v Mississippi, 410 US 284, 302 [1973]; People v Foy, 32 NY2d 473, 478 [1973]; People v Boone, 78 AD2d 461, 465 [1st Dept 1981]; CPL 60.15 [1]).

After my examination of the record in the instant case, I find that defendant’s mother may have possessed relevant evidence that may have been helpful to his defense. The *342United…