Court Decision: Erroneous Preclusion of Witness Testimony Required New Trial

Appellate Division, Second Department: People v. Lisene

Erroneous Preclusion of Witness Testimony Required New Trial

The defense sought to introduce testimony from a witness concerning the reputation for truthfulness and veracity of the child complainant’s mother.  The trial court precluded the testimony.  The Appellate Division held this was reversible error because “the mother was a key fact witness, whose credibility was sharply contested and relevant.”  A new trial was ordered. Judgment Reversed & New Trial Ordered.

David L. Goodwin represented Mr. Lisene