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PEOPLE v. HAMPTON

1489, 1642/06

73 A.D.3d 442 (2010)

899 N.Y.S.2d 240

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. HORACE HAMPTON, Appellant.

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

Decided May 6, 2010.

None of defendant's claims regarding a recanting prosecution witness warrant reversal. The court properly permitted the People to impeach the witness with a prior inconsistent statement, because, in context, the witness's ultimate trial testimony was affirmatively damaging to the People's case and not merely neutral or unhelpful (see CPL 60.35 [1]; People v Winchell, 98 A.D.2d 838, 841 [1983], affd 

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