People v. Harper

—Appeal by the defendant from a judgment of the Supreme Court, Kings County (Marrus, J.), rendered December 15, 1993, convicting him of criminal possession of a weapon in the second degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is reversed, on the law, and a new trial is ordered.

We reject the People’s contention that the defendant failed to preserve for appellate review the issue of whether the testimony of the prosecution’s rebuttal witness was collateral (see, CPL 470.05 [2]; see, People v Sellers, 168 AD2d 583; People v Johnson, 144 AD2d 490). The trial court…