People v. Dillard

—Appeal by the defendant from a judgment of the Supreme Court, Queens County (Sharpe, J. [trial]; Rotker, J. [sentence]), rendered June 21, 1984, convicting him of attempted robbery in the first degree and attempted robbery in the second degree, upon a jury verdict, and imposing sentence.

Judgment reversed, on the law, and a new trial ordered.

Prior consistent statements may not be introduced to bolster the testimony of a witness unless the witness’s testimony has been attacked as a recent fabrication; these consistent statements may then be introduced if they were made at a time when there was…