PEOPLE v. MATEO

KA 06-01924.

2008 NY Slip Op 06087

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, v. PAUL MATEO, DEFENDANT-APPELLANT.

Appellate Division of the Supreme Court of New York, Fourth Department.

Decided July 3, 2008.


Attorney(s) appearing for the Case

CHRISTOPHER HAMMOND, COOPERSTOWN, FOR DEFENDANT-APPELLANT.

JON E. BUDELMANN, DISTRICT ATTORNEY, AUBURN (CHRISTOPHER T. VALDINA OF COUNSEL), FOR RESPONDENT.

PRESENT: HURLBUTT, J.P., SMITH, LUNN, GREEN, AND GORSKI, JJ.


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 promoting prison contraband in the first degree (Penal Law § 205.25 [2]). County Court properly precluded defendant from impeaching a defense witness with respect to his allegedly inconsistent testimony at defendant's first trial. The testimony of that witness at the retrial that he did not recall...

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