Ordered that the judgment is affirmed.
Pursuant to CPL 60.35 (1), when the People call a witness who gives testimony upon a material issue which "tends to disprove" the People's position at trial, they may then seek to introduce prior written signed statements and oral sworn statements by that party which contradict the trial testimony. The testimony which is sought to be impeached must "affirmatively damage" the People's position, and may not simply constitute a...
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