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  5. 40 N.Y.2d 44 (1976)
 

PEOPLE v. FITZPATRICK

40 N.Y.2d 44 (1976)

The People of the State of New York, Respondent, v. Frank Fitzpatrick, Appellant.

Court of Appeals of the State of New York.

Decided June 10, 1976.

Attorney(s) appearing for the Case

Peter Fleming, Jr., John E. Sprizzo and Caren S. Brutten for appellant.

Robert M. Morgenthau, District Attorney (Peter L. Zimroth and Richard M. Seltzer of counsel), for respondent.

Judges JONES, WACHTLER and COOKE concur with Judge FUCHSBERG; Judge GABRIELLI dissents and votes to affirm in a separate opinion in which Chief Judge BREITEL and Judge JASEN concur.

FUCHSBERG, J.

The main question before us on this appeal is whether the prosecution in a criminal case may impeach its own witness by the use of his prior Grand Jury testimony when the witness, at trial, merely denies any recollection of the events in question.

Defendant Frank Fitzpatrick was charged with the commission of perjury before a Grand Jury. An official of the steamfitters union, he was accused...

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