People v. Moore

Appeal by defendant from a judgment of the Supreme Court, Kings County, rendered December 17, 1963 after a jury trial, convicting him of robbery in the third degree, grand larceny in the second degree and assault in the third degree, and imposing sentence. Judgment reversed on the law and the facts and new trial granted. At the trial, defendant elicited from the complaining witness testimony that, years prior to the alleged commission of the, crimes- at bar, defendant had struck him and kicked his foot through his storefront window. The trial court, stating that the complainant’s testimony…