People v. Forrest

lant was denied a fair trial by the combined effect of the egregious Rosario violation and the improper admission of the nontestifying codefendant’s statement. These errors are sufficient to warrant reversal without reaching, in the interest of justice, the additional error, to which no objection was made, of submitting the elements of the crime to the jury in written form. (See, People v Gonzalez, 157 AD2d 625 [1st Dept 1990].)

The Rosario violation alone warrants reversal. While the *215complaining witness was hospitalized and incapacitated by multiple gunshot wounds, he was interviewed by…