People v. Saez

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed.

During their case-in-chief the People called the complainant to the stand. The complainant testified that defendant pulled an object wrapped in paper out of a box, stuck the object in complainant’s side, and demanded money. The complainant stated that he believed the object "was something [defendant] could harm me with * * * A revolver, a shotgun. Something like that”. Complainant, however, only contradicted his Grand Jury testimony, to the extent relevant, by testifying at trial that he never saw what the…