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CROSS-EXAMINATION OF A POLICE OFFICER ABOUT MISCONDUCT IN A CIVIL SUIT SHOULD HAVE BEEN ALLOWED; CONVICTION REVERSED (FIRST DEPT).

The First Department, reversing defendant’s conviction, determined cross-examination of a police officer about misconduct in a civil suit should have been allowed:

The trial court erred in denying defendant’s request to cross-examine a police Sergeant regarding allegations of misconduct in a civil lawsuit in which it was claimed that this police Sergeant and a police detective arrested the plaintiff without suspicion of criminality and lodged false charges against him … . The civil complaint contained allegations of falsification specific to this officer (and another officer), which bore on his credibility at the trial.

Contrary to the People’s allegations, the error was not harmless. The police sergeant’s credibility was critical because he was the only eyewitness to the crime … . Although the sergeant’s testimony was corroborated by other evidence, none of this corroborating evidence was sufficient, on its own, to prove defendant’s guilt, as all of it relied on the sergeant’s testimony for context. ​People v Conner, 2020 NY Slip Op 03200, First Dept 6-4-20

 

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