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PEOPLE v. YOUNG

134 A.D.2d 639 (1987)

The People of the State of New York, Respondent, v. Noel Young, Appellant

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

November 30, 1987

Ordered that the judgment is affirmed.

Defense counsel's strategic determination not to object to the prosecution's use of prior inconsistent unsworn statements to impeach its own witness served to waive any objection thereto (CPL 470.05 [2]; People v McLeod, 109 A.D.2d 70). Moreover, although this trial tactic was not successful, it cannot be said that defense counsel's performance...

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