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PEOPLE v. BROWN

98 N.Y.2d 226 (2002)

774 N.E.2d 186

746 N.Y.S.2d 422

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. TONY BROWN, Appellant. THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. LUIS BURGOS-SANTOS, Appellant.

Court of Appeals of the State of New York.

Decided May 2, 2002.

Attorney(s) appearing for the Case

David J. Klem, New York City, and Robert S. Dean for appellant in the first above-entitled action.

Robert M. Morgenthau, District Attorney, New York City (Sandra E. Cavazos and David J. Mudd of counsel), for respondent in the first above-entitled action.

Legal Aid Society Criminal Appeals Bureau, New York City (Allen Fallek and Andrew C. Fine of counsel), for appellant in the second above-entitled action.

Robert T. Johnson, District Attorney, Bronx (Lynetta M. St. Clair and Joseph N. Ferdenzi of counsel), for respondent in the second above-entitled action.

Chief Judge KAYE and Judges SMITH, CIPARICK, WESLEY, ROSENBLATT and GRAFFEO concur.

OPINION OF THE COURT

LEVINE, J.

The common issue in these appeals is whether defendants Tony Brown and Luis Burgos-Santos were properly impeached at trial with prior inconsistent statements made by defense counsel on their behalf. The People impeached Brown with representations his attorney made at a pretrial Sandoval hearing concerning Brown's intended trial testimony. Burgos-Santos was impeached...

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