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PEOPLE v. JONES

126 A.D.2d 974 (1987)

The People of the State of New York, Respondent, v. Warren Sylvester Jones, Appellant

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

January 23, 1987

Judgment unanimously reversed, on the law, and as a matter of discretion in the interest of justice, and new trial granted.

Memorandum:

Defendant contends that the trial court erred in permitting the People, pursuant to CPL 60.35, to impeach their witness's testimony by her prior plea allocution. We agree. A plea allocution being neither signed nor sworn may not be used for impeachment (CPL 60.35; People v Wright, 41 N.Y.2d 118

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