People v. McConville

OPINION OF THE COURT

Ralph A. Fabrizio, J.

The issue is whether the court should strike the testimony of the complaining witness from the trial record based on the prosecutor’s unauthorized review with the witness of prior grand jury testimony and information in other documents while that witness was still on cross-examination. The defendant seeks this sanction since, inter alia, cross-examination had to be reopened because the People provided the witness’s grand jury minutes to the defense only after the witness had completed his trial testimony. The court denied an earlier defense request to…