PEOPLE v. MATUSAK


206 A.D.2d 903 (1994)

615 N.Y.S.2d 165

The People of the State of New York, Respondent, v. Thomas Matusak, Appellant

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

July 15, 1994


Judgment unanimously affirmed.

Memorandum:

Defendant contends that the People were erroneously permitted to impeach their own witness with his Grand Jury testimony and with his statements to the police after the witness testified that he could not remember the events in question. We agree. The witness's failure to remember did not disprove or affirmatively damage the People's case, and therefore the prosecutor was not entitled to impeach the witness with his...

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