PEOPLE v. COMER


146 A.D.2d 794 (1989)

The People of the State of New York, Respondent, v. Wallee Comer, Appellant

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

January 30, 1989


Ordered that the judgment is affirmed.

The defendant contends that the prosecution's impeachment of its own witness violated CPL 60.35 (1) because the witness did not give testimony upon a material issue tending to disprove the People's case. The prosecution called John Boyd, the owner of a barbershop in which the murder occurred. He testified that he did not know who had shot the victim because he was inside the shop's bathroom during the incident and, upon exiting...

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