People v. Phillips

— Case held, decision reserved and matter remitted to Supreme Court, Onondaga County, for further proceedings, in accordance with the following memorandum: In this appeal from a judgment of conviction of grand larceny in the second degree, defendant contends that the court erred in accepting the prosecutor’s assertion that no prior statement from a prosecution witness existed. During the testimony of one of the investigating officers, it became apparent that he remembered taking a statement in the form of an affidavit from one of the prosecution witnesses. At that point, defense counsel…