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PEOPLE v. DUBARRY

2010-00630.

85 A.D.3d 1200 (2011)

926 N.Y.S.2d 304

2011 NY Slip Op 5732

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. KINSTON DUBARRY, Appellant.

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

June 28, 2011.

Ordered that the judgment is affirmed.

Contrary to the People's contention, the issues raised by the defendant on appeal are preserved for appellate review. The defendant correctly contends that the prosecutor improperly impeached a defense witness during cross-examination regarding the witness's prior arrests (see People v Miller, 91 N.Y.2d 372, 380 [1998]). However, the error was harmless, since the evidence of the defendant...

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