People v. Garrett

Judgment unanimously affirmed. Memorandum: On appeal from a judgment entered upon a jury verdict convicting him of two counts of robbery in the first degree and criminal possession of stolen property in the first degree, defendant contends that the court erred in allowing the prosecution to impeach its own witness and that the court’s instruction on reasonable doubt was erroneous. It was error to permit the People to impeach their own witness because her testimony did not "tend to disprove the position” *906of the People (CPL 60.35 [1], [3]). The testimony of the witness did not affirmatively…