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PEOPLE v. LABOY

202 A.D.2d 325 (1994)

609 N.Y.S.2d 211

The People of the State of New York, Respondent, v. Jose Laboy, Appellant

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

March 22, 1994

We perceive no abuse of discretion in the court's limitation of defendant's attempts to impeach the eyewitness. Specifically, the court's preclusion of impeachment by means of a "prior inconsistent statement", the details of which were uncertain and susceptible to distortion, was an appropriate exercise of discretion (People v Duncan, 46 N.Y.2d 74, 81, cert denied 442 U.S. 910).

The court also properly exercised its...

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