Legal Opinion
People v. Barber
Appellate Division of the Supreme Court of the State of New York
Decided January 31, 1992PublishedCited by 5 opinions
1Opinion of the Court
"A party is not permitted to impeach its witness by his *1003former statements where it has been amply warned of the adverse thrust of the witnesses] testimony” (People v Broad-water, 116 AD2d 1022, 1023; see also, People v Fitzpatrick, 40 NY2d 44, 52-53). Further, the witness’s failure to remember did not disprove or affirmatively damage the People’s case, and therefore the prosecutor was not entitled to impeach the witness through her prior sworn statements (see, CPL 60.35; People v Saez, 69 NY2d 802; People v Mitchell, 143 AD2d 147, lv denied 72 NY2d 1048; People v Navarette, 131 AD2d 326, 328,…
2Cases cited7 opinions
- People v. FitzpatrickNew York Court of Appeals · 1976
- People v. SaezNew York Court of Appeals · 1987
- People v. SampsonAppellate Division of the Supreme Court of the State of New York · 1988
- People v. BroadwaterAppellate Division of the Supreme Court of the State of New York · 1986
- People v. NavaretteAppellate Division of the Supreme Court of the State of New York · 1987
2 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- People v. MatusakAppellate Division of the Supreme Court of the State of New York · 1994
- People v. MoylerAppellate Division of the Supreme Court of the State of New York · 1998
- People v. ClarkAppellate Division of the Supreme Court of the State of New York · 1992
- People v. WalkerAppellate Division of the Supreme Court of the State of New York · 2000
- People v. PerrettiAppellate Division of the Supreme Court of the State of New York · 2000