People v. Downing

Judgment unanimously reversed, on the law, and a new trial granted. Memorandum: defendant’s conviction on two counts of robbery in the first degree and one count of criminal possession of a controlled substance with intent to sell must be reversed because prejudicial and inflammatory evidence was improperly admitted. The testimony of *25Moletto, one of the victims of the robberies, was vague and halting. He admitted that on the night of the robbery he had consumed a six-pack of beer and five Valiums and obviously had a very hazy recall. When he faltered in his testimony, the prosecutor attempted…