People v. Ellison

Whalen, P.J., and DeJoseph, J.

(concurring). We concur in the result reached by the majority but respectfully disagree with the conclusion that County Court properly allowed the People to impeach the credibility of their own witness, the victim’s girlfriend, using her grand jury testimony and her statement to police. In our view, the witness’s testimony at trial that she glanced at the vehicle involved in the shooting but did not see the driver or know who was driving was “merely neutral or unhelpful,” rather than affirmatively damaging, to the People’s case (People v Hampton, 73 AD3d 442, 443…