In People v. Cruz , Flor Cruz was in a parking garage when an undercover police officer approached and supposedly attempted to purchase drugs. The officer testified that Cruz followed him out of the garage and "negotiated a drug transaction," then left and returned moments later to conclude the sale.
During the course of his criminal trial, Cruz attempted to call his 19-year old daughter as a witness. She claimed, at that "approximate time," her father arranged to meet his daughters in front of the parking garage and then left the area with them so that he could find a taxicab. Since the New York County Supreme Court didn't believe it was relevant, the jury never got to hear that testimony.
After Cruz was convicted and sentenced to a five year term, he appealed to the Appellate Division, First Department.
Because the daughter's testimony would have made the prosecution's version of the events improbable, "supported [Cruz's] defense," "corroborated his testimony," and wasn't "unduly prejudicial to the People," the AD1 found its exclusion harmful, reversed the conviction and sent the matter back for a new trial.
Was this a Cruz to nowhere?
To download a copy of the Appellate Division's decision, please use this link: People v. Cruz