People v. Hicks

Scudder, EJ., and Smith, J.

(dissenting). We respectfully dissent. While we agree with the majority that the prosecutor engaged in misconduct by questioning defendant about his companion’s prior criminal history (see People v Cheatham, 158 AD2d 934, 935 [1990]; People v Shivers, 63 AD2d 708, 709 [1978]), we do not agree that the prosecutor engaged in misconduct by asking defendant whether prosecution witnesses were lying. Indeed, we conclude that the Feople were incorrect in conceding at oral argument of this appeal that the prosecutor thereby engaged in misconduct. Rather, “[i]nasmuch as…