People v. Montalvo

—Judgment, Supreme Court, Bronx County (Barbara Newman, J.), rendered March 6, 1998, convicting defendant, after a jury trial, of assault in the second degree, and sentencing him, as a second violent felony offender, to a term of 6 years, unanimously affirmed.

*385There was no impropriety in the prosecutor’s use of defendant’s prior inconsistent statement, in the form of his omission of critical facts in his Grand Jury testimony, to impeach his trial testimony (compare, People v Bornholdt, 33 NY2d 75, 88, cert denied sub nom. Victory v New York, 416 US 905). Defendant was asked at the Grand Jury…