People v. Oliver

Hall, J.,

dissents and votes to reverse the judgment appealed from and order a new trial, with the following memorandum: While I agree with certain determinations made by the majority, I must respectfully dissent in light of certain errors at trial, which, in my view, require reversal in this case.

The defendant was arrested in connection with a September 2005 robbery that occurred at a Hess gas station in Elmont. At trial, the assistant manager of the gas station (hereinafter the complaining witness) testified that at 4:15 a.m. on the morning of the robbery, he was cleaning up a spill in the…