PEOPLE v. FUENTES


199 A.D.2d 980 (1993)

605 N.Y.S.2d 598

The People of the State of New York, Respondent, v. German Fuentes, Appellant

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

December 29, 1993


Judgment unanimously affirmed.

Memorandum:

We reject the contention of defendant that he was denied a fair trial by prosecutorial misconduct. Although the prosecutor should have disclosed, prior to his opening statement, a prosecution witness' conviction for promoting prison contraband (CPL 240.45 [1] [b]), defense counsel was made aware of the conviction and used it for impeachment purposes on cross-examination of the witness (see, People v Torres...

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