Appeal from a judgment of the County Court of Albany County (Breslin, J.), rendered December 10, 1996, upon a verdict convicting defendant of the crimes of criminal possession of stolen property in the fourth degree and criminal possession of stolen property in the fifth degree.
On the afternoon of February 7, 1996, 16-year-old Matthew Markovics was walking toward his residence in the City of Albany when he saw a mаn exiting his basement carrying something over his shoulder wrapped in a couch cover. When Markovics reached his residence, he discovered that the basement door had been broken and that his family’s computer equipment and couch cover wеre missing, sending him in search of the man he had just observed leaving his home. According to Markovics, the same man approachеd him on the street a few minutes later and asked if he “was missing anything”. When Markovics responded that someone had just robbed his home, the mаn told Markovics thdt he had seen
Markovics identified defendant in a line-up as the person who had exited his home with the computer and had approached him on the street. He also identified defendant’s voiсe from a voice identification. A subsequent search of defendant’s residence produced a ping pong paddle which was alleged to belong to the Markovics family. Indicted on one count each of burglary in the second degree, criminal possession of stolen property in the fourth degree and criminal possession of stolen property in the fifth degree, defеndant was acquitted of burglary but found guilty of criminal possession of stolen property in the fourth and fifth degrees. He was sentenced tо a prison term of 2 to 4 years for the criminal possession of stolen property in the fourth degree conviction and onе year in jail for the criminal possession of stolen property in the fifth degree conviction, to run concurrently. He apрeals.
At trial, the People were permitted to call, over defense counsel’s objection, Assistant District Attorney Christophеr Horn as an expert witness in the field of computers. His testimony was proffered to establish a necessary element of criminal possession of stolen property in the fourth degree, namely, that the value of the stolen computer equipment exсeeded $1,000 in February 1996 (see, Penal Law § 165.45 [1]; see also, People v Vientos,
Many of Horn’s alleged “qualifications” had nothing to do with the value of used computer equipment, i.e., he was a networking administrator for his office, a member of a dеvelopment team concerning automatic record retrieval systems and a liaison for a County computer committеe. Horn had never
Nor are we able to find that his lack of expertise in this area was an issue that went merely to the weight of his testimony, as opposed to its admissibility. A trial court has the initial responsibility of evaluating whether an expеrt possesses “the requisite skill, training, education, knowledge or experience from which it can be assumed that the information imparted or the opinion rendered is reliable” (Matott v Ward,
If this had been the only error, this Court could simply reduce defendant’s conviction to criminal possessiоn of stolen property in the fifth degree (see, e.g., People v Vandenburg,
In light of the above, reversal of defendant’s convictions is warranted and a new trial is ordered.
Cаrdona, P. J., Crew III, Spain and Graffeo, JJ., concur. Ordered that the judgment is reversed, on the law and the facts, and matter remitted to the Cоunty Court of Albany County for a new trial.
Notes
. Notably, Markovics’ father testified that the computer equipment had been purchased the previous fall by another family member and that he had no idea of its cost (compare, People v Marks,
. Not only was the officer permitted to give details about the pretrial identifications of defendant by Markovics, a picture of the lineup itself was introduced into еvidence during his testimony.
. According to the officer, following Markovics’ identifications of him, defendant was informed that he was being placed under arrest. Defendant asked the officer, “What’s going on?”, to which the officer replied, “You’ve been identified by a witness to this crime.” Defendant then responded, “That kid couldn’t have seen me.”
