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PEOPLE v. RODRIGUEZ

273 A.D.2d 416 (2000)

711 N.Y.S.2d 733

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. WILFREDO RODRIGUEZ, Appellant.

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

Decided June 19, 2000.

Ordered that the judgment is affirmed.

On redirect examination of the witness who called the 911 emergency number to report the robbery, the prosecutor was permitted to inquire, without leading, about that witness's statement to the 911 operator identifying the defendant as the robber. This was not error, as defense counsel had opened the door by using part of the statement to impeach the witness on cross examination (see, People v Powell,

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