Opinion
(SC 15767)
Argued March 19
Officially released May 18, 1999
Substitute information charging the defendant with the crimes of felony murder, attempt to commit murder, attempt to commit robbery in the first degree, robbery in the first degree, assault in the third degree and criminal possession of a pistol or revolver, brought to the Superior Court in the judicial district of Fairfield and tried to the jury before S. Freedman, J.; verdict and judgment of guilty of felony murder, attempt to commit robbery in the first degree, robbery in the first degree and criminal possession of a pistol or revolver, from which the defendant appealed to the Appellate Court, O'Connell, Schaller and Hennessy, Js., which affirmed the trial court's judgment, and the defendant, on the granting of certification, appealed to this court. Appeal dismissed.
Kent Drager, senior assistant public defender, for the appellant (defendant).
Frederick W. Fawcett, assistant state's attorney, with whom, on the brief, were Jonathan C. Benedict, state's attorney, and John Smriga, assistant state's attorney, for the appellee (state).
Opinion
After examining the record on appeal and considering the briefs and oral arguments of the parties, we have determined that the appeal in this case should be dismissed on the ground that certification was granted improvidently.
We granted the defendant's petition for certification to appeal from the judgment of the Appellate Court; State v. Joyce, 45 Conn. App. 390, 696 A.2d 993 (1997); limited to the following issue: "Did the Appellate Court properly conclude that the trial court's unconstitutional restriction of the defendant's right to present evidence of a state witness' bias against him was harmless beyond a reasonable doubt?" State v. Joyce, 243 Conn. 904, 701 A.2d 336 (1997).