The Second Department recently decided a case dealing with what is undeniably the bane of the criminal defense bar: handling testimony of a law enforcement officer, who is recounting statements made to them by a non-testifying accomplice directly implicating the criminal defendant on trial. The case is People v. Lockley, 2021 NY Slip Op 06192 (2d Dept. Nov. 10, 2021) (Chambers, J.)).
In Lockley, the jury convicted the defendant of felony murder and other related offenses. The Second Department reversed and ordered a new trial.
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