People v. Clark

— Judgment unanimously affirmed. Memorandum: The prosecutor properly used the witness’s prior statements and testimony in an attempt to refresh the recollection of the witness. The prosecutor did not improperly disclose their contents to the jury (see, CPL 60.35 [3]; People v Reed, 40 NY2d 204, 207; cf., People v Barber, 179 AD2d 1002; People v Navarette, 131 AD2d 326, 328-329, lv denied 70 NY2d 705). Contrary to defendant’s contention, the prosecutor neither implied that the witness’s prior statement and testimony could be considered as evidence in chief nor asked leading questions of the…