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PEOPLE v. TARTT

58 A.D.3d 527 (2009)

870 N.Y.S.2d 787

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. RASHEEM TARTT, Appellant.

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

January 20, 2009.

The court properly allowed the People to impeach their witness with his grand jury testimony because a portion of his trial testimony on redirect examination affirmatively damaged the People's case (see CPL 60.35 [1]; People v Fitzpatrick, 40 N.Y.2d 44, 51-52, [1976]). In any event, we conclude that any error in allowing that impeachment was harmless (see People v Crimmins,

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