People v. Brown

Mikoll, J. P.

(concurring). Although harmless in this instance, I am of the view that the cross-examination of defendant on *601the basis of the statements of Ronnie Lapan and Kevin Lawless was improper and consider the issue worthy of discussion and comment.

As a general proposition, of course, a defendant who testifies places himself in the same position as any other witness, including exposure to cross-examination on matters affecting his credibility (see, e.g., People v Betts, 70 NY2d 289). It is likewise true that for impeachment purposes, evidence which would otherwise be inadmissible may be…