It is hereby ordered that the judgment so appealed from is unanimously affirmed.
Memorandum:
Defendant appeals from a judgment convicting him upon a jury verdict of murder in the second degree (Penal Law § 125.25 [1]). We agree with defendant that County Court erred in permitting the prosecutor to impeach his own witness. As defendant correctly contends, the trial testimony of that witness "did not tend to disprove the People's position with respect to...
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