People v. Alston

As argued by the defendant and conceded by the People, the trial court erred by permitting the prosecutor, over the defendant’s objection, to impeach one of his own witnesses in violation of CPL 60.35 (see, People v Fitzpatrick, 40 NY2d 44; People v Knatz, 76 AD2d 889). Moreover, we agree with the defendant’s further contention that the prosecutor was improperly permitted, over the defendant’s objection, to attack his credibility by recalling a witness, on rebuttal, who merely repeated certain testimony he had given on the People’s direct case (see, People v McRoy, 121 AD2d 566, 569; cf.,…