Opinion
Argued January 20, 2000
February 28, 2000
Appeal by the defendant from a judgment of the Supreme Court, Queens County (Dunlop, J.), rendered June 20, 1997, convicting him of attempted murder in the second degree, assault in the first degree, assault in the second degree, and criminal possession of a weapon in the fourth degree, upon a jury verdict, and imposing sentence.
M. Sue Wycoff, New York, N.Y. (Susan Epstein of counsel), for appellant.
Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano, Nicoletta J. Caferri, and James A. Dolan of counsel), for respondent.
FRED T. SANTUCCI, J.P., MYRIAM J. ALTMAN, WILLIAM D. FRIEDMANN, GLORIA GOLDSTEIN, JJ.
DECISION ORDER
ORDERED that the judgment is reversed, on the law, and a new trial is ordered.
The trial court erred in permitting the arresting detective to testify that he had interviewed and obtained the statements of two men, who were not called as witnesses at the trial, that he "was armed with some information", obtained a photograph of the defendant, and subsequently arrested the defendant. Such testimony implied that these men identified the defendant as the perpetrator of the subject crimes (see, People v. Brazzeal, 172 A.D.2d 757, 761-762 ; People v. Cummings, 109 A.D.2d 748, 749-750 ; People v. Cruz, 100 A.D.2d 882 ). Under the circumstances herein, the error was not harmless.
In light of our determination, we need not reach the defendant's remaining contentions.