People v. Gross

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Lipp, J.), rendered January 31, 1989, convicting him of robbery in the first degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

Contrary to the defendant’s contention, the prosecutor was properly permitted to present, in rebuttal, a witness whose testimony contradicted the defense witness’s testimony concerning the defendant’s whereabouts at the time of the robbery (see, People v Cade, 73 NY2d 904, 905). Although the challenged testimony tended to impeach the defense witness’s…