People v. Nigro

Judgment unanimously modified on the law and as modified affirmed and new trial granted on count one of indictment in accordance with the following Memorandum: Defendant contends that County Court in this nonjury trial erred in refusing to allow him to impeach one of the prosecution witnesses by way of a prior inconsistent statement. On direct examination the witness testified to material facts indicating that defendant was involved in a burglary of an apartment at 1960 Clinton Street, Buffalo, New York. On cross-examination, the witness admitted that, in a number of previous conversations…