Legal Opinion
People v. Broadwater
Appellate Division of the Supreme Court of the State of New York
Decided January 24, 1986PublishedCited by 10 opinions
1Opinion of the Court
Judgment unanimously reversed, on the law and as a matter of discretion in the interest of justice, and new trial granted. Memorandum: Defendant *1023contends that the People violated CPL 60.35 in purporting to refresh the recollection of defendant’s alleged accomplice by reading his Grand Jury testimony. We agree. First, it appears that the prosecutor was aware that the witness might be hostile, having advised the jury in his opening statement that the witness was "not cooperating”. A party is not permitted to impeach its witness by his former statements where it has been amply warned of the…
2Cases cited4 opinions
- People v. FitzpatrickNew York Court of Appeals · 1976
- People v. SmithAppellate Division of the Supreme Court of the State of New York · 1984
- People v. CarrollAppellate Division of the Supreme Court of the State of New York · 1971
- People v. DannAppellate Division of the Supreme Court of the State of New York · 1984
3Cited by10 opinions
- People v. HammockAppellate Division of the Supreme Court of the State of New York · 1992
- People v. BarberAppellate Division of the Supreme Court of the State of New York · 1992
- People v. MattocksAppellate Division of the Supreme Court of the State of New York · 2012
- People v. SullivanAppellate Division of the Supreme Court of the State of New York · 1996
- People v. GriffithsAppellate Division of the Supreme Court of the State of New York · 1998
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