by Matthew & Russell Lee, Patreon Substack
100 CENTRE STREET, Sept 4 – A man accused of slashing another in East Harlem was bought into court on September 4 to contest his identification from video by his former probation officer.
Citing People v. Mosley, his appointed lawyers cross-examined the probation officer then argued to Justice Gregory Carro that her testimony should not be heard by the jury in his upcoming trial.
The ADA devoted his direct and re-direct trying to establish how well Probation Officer Michelle Gonzalez knew the defendant: from a dozen in-person meetings, and one chance encounter in front of his mother's building in East Harlem.
She testified that when she took him into custody, he swore at and threatened her. Justice Carro acknowledged that the video was blurry, but made findings under Mosley before ruling that she may testify.
The defense insisted she not be allowed to recount his behavior while being arrested. But Justice Carro said the door to that might be opened at trial.
At day's end, defendant Ortiz rose to speak for himself, reading his interpretation of the clearly seminal Mosley case. He said he has more to say - will he testify at his trial?
Justice Carro also has the Luigi Mangione case...
More on X for Subscribers here and Substack here
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