PEOPLE v. KING


214 A.D.2d 307 (1995)

624 N.Y.S.2d 431

The People of the State of New York, Respondent, v. Darryl King, Appellant

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

April 4, 1995


While a trial court's refusal of a defendant's request for a jury instruction that a prior inconsistent statement may be used for impeachment purposes only and is not evidence of the truth of the prior statement is generally inconsequential, where, as here, the People's case rested on the credibility of a single, significantly impeached witness, such refusal constitutes reversible error.

We have considered the defendant's other arguments and find them to be...

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