People v. WRIGHT (EDWARD)

Chief Judge Breitel.

Defendant, convicted of murder and sentenced from 20 years to life, appeals. He asserts that error was committed on the jury trial which resulted in his conviction. Only one of the errors asserted merits consideration by this court, namely, that a prior out-of-court statement by one of the People’s witnesses, used to bolster his testimony, badly battered on cross-examination, was admitted in violation of CPL 60.35.

It is concluded that the error was prejudicial and might well have influenced the jury in reaching its verdict. The questioned statements were those of the only…