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PEOPLE v. GUCCIARDO

300 A.D.2d 411 (2002)

751 N.Y.S.2d 746

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JAMES GUCCIARDO, Appellant.

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

Decided December 9, 2002.

Ordered that the judgment and amended judgment are affirmed.

The defendant contends that the Supreme Court erroneously permitted the prosecutor to cross-examine two defense witnesses about their failure to inform the police or the District Attorney's office, prior to trial, of their account of the robbery. The defendant's contention is without merit. The prosecutor laid the proper foundation pursuant to People v Dawson (50 N.Y.2d 311

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