People v. Matusak
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Judgment unanimously affirmed. Memorandum: Defendant contends that the People were erroneously permitted to impeach their own witness with his Grand Jury testimony and with his statements to the police after the witness testified that he could not remember the events in question. We agree. 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 with his prior statements or testimony (see, CPL 60.35 [1]; People v Smith, 190 AD2d 1022, 1022-1023, lv denied 81 NY2d 976; People v Barber, 179…
2Cases cited11 opinions
- People v. SaezNew York Court of Appeals · 1987
- City of New York Environmental Control Board v. H.S.C. Management Corp.New York Court of Appeals · 1993
- People v. HickmanNew York Court of Appeals · 1990
- People v. LuisAppellate Division of the Supreme Court of the State of New York · 1993
- People v. HickmanAppellate Division of the Supreme Court of the State of New York · 1989
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3Cited by6 opinions
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- People v. LaddAppellate Division of the Supreme Court of the State of New York · 1995
- People v. WalkerAppellate Division of the Supreme Court of the State of New York · 2000
- People v. RigginsAppellate Division of the Supreme Court of the State of New York · 1994
- People v. CoffinAppellate Division of the Supreme Court of the State of New York · 1995
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