PEOPLE v. ZENGER


134 A.D.2d 640 (1987)

The People of the State of New York, Respondent, v. Jesse Zenger, Appellant

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

November 30, 1987


Ordered that the judgment is affirmed.

The trial court improperly allowed the People to impeach two of their witnesses after testimony damaging to the People's case was elicited on cross-examination. Under CPL 60.35 (1), the People can impeach their own witness only if the witness gives damaging testimony during the course of direct examination, and then only with a signed statement or sworn oral testimony. However, the error was harmless in view of the overwhelming...

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