PEOPLE v. RUDOLPH


134 A.D.2d 539 (1987)

The People of the State of New York, Respondent, v. Lynn Rudolph, Appellant

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

November 23, 1987


Ordered that the judgment is affirmed.

The defendant contends that it was error to permit the People to use his prior statement on cross-examination and again on rebuttal, to the effect that the only thing he had going for him was the fact that the authorities would never find the murder weapon, where no notice of that statement had been provided pursuant to CPL 710.30. While this court has heretofore indicated that the better practice would be for

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