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PEOPLE v. SPURGEON

264 A.D.2d 401 (1999)

695 N.Y.S.2d 106

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. TASHON SPURGEON, Appellant.

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

Decided August 2, 1999.

Ordered that the judgment is affirmed.

The defendant contends that the trial court erred in permitting the People to introduce the defendant's Grand Jury testimony into evidence on their rebuttal case. We disagree. In light of the inconsistencies between the defendant's Grand Jury testimony and the account furnished by his alibi witnesses at trial, the defendant's Grand Jury testimony was properly introduced as an admission (see, People v Rodriguez,

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