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PEOPLE v. RIOS

166 A.D.2d 616 (1990)

The People of the State of New York, Respondent, v. Orlando Rios, Appellant

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

October 15, 1990

Ordered that the judgment is affirmed.

The defendant contends that the prosecution's impeachment of its own witness was improper. The prosecution called a witness who testified that he did not see the defendant stab the victim. Over the defense counsel's objection, the trial court permitted the prosecutor to impeach this witness by reading portions of an audiotaped statement he had earlier made to the police in which he...

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