People v. Jones

Judgment unanimously reversed, on the law, and as a matter of discretion in the interest of justice, and new trial granted. Memorandum: Defendant contends that the trial court erred in permitting the People, pursuant to CPL 60.35, to impeach their witness’s testimony by her prior plea allocution. We agree. A plea allocution being neither signed nor sworn may not be used for impeachment (CPL 60.35; People v Wright, 41 NY2d 118, 120-121; People v Vega, 108 AD2d 766). Further, the People, being amply warned of their witness’s intent to recant her prior admissions, are not permitted to impeach…