People v. Dukes

—Appeal from judgment insofar as it imposes sentence of incarceration unanimously dismissed and judgment affirmed. Memorandum: Defendant appeals from a judgment convicting him of criminal trespass in the second degree (Penal Law § 140.15), criminal mischief in the fourth degree (Penal Law § 145.00 [1]) and endangering the welfare of a child (Penal Law § 260.10 [1]). Defendant contends that the prosecutor violated CPL 60.35 (1) by impeaching his own witness with a prior inconsistent statement. Because the witness’s trial testimony did not affirmatively damage the People’s case, the prosecutor…