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PEOPLE v. BARBER

186 A.D.2d 483 (1992)

The People of the State of New York, Respondent, v. William Barber, Appellant

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

October 27, 1992

Less than twenty-four hours after the shooting, a witness gave a sworn felony statement to an Assistant District Attorney indicating that he saw defendant pull out a gun and shoot the deceased. After the witness denied at trial that he had seen defendant pull out a gun, the court properly allowed the prosecutor to impeach the witness with his prior inconsistent statement (CPL 60.35; People v Fitzpatrick, 40 N.Y.2d 44).

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