PEOPLE v. ROSARIO


267 A.D.2d 73 (1999)

701 N.Y.S.2d 341

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ROBERTO ROSARIO, Also Known as PASCAL CONCEPCION, Appellant.

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

Decided December 9, 1999.


The court properly exercised its discretion in precluding introduction of a police report alleged to contain a prior inconsistent statement of a witness. Upon our examination of the record, we conclude that there was no inconsistency because the witness's reference to a conversation with another person about the identity of the perpetrator did not imply that the witness lacked personal knowledge of such identity. Accordingly, the report was lacking in probative value (

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