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PEOPLE v. RODRIGUEZ

10947.

180 A.D.3d 415 (2020)

119 N.Y.S.3d 89

2020 NY Slip Op 00827

The People of the State of New York, Respondent, v. Jose Rodriguez, Appellant.

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

Decided February 4, 2020.

The record fails to support defendant's claim that the People called the victim, who was defendant's girlfriend, to the witness stand impermissibly and in bad faith (see generally People v Russ, 79 N.Y.2d 173, 178 [1992]) for the sole or primary purpose of impeaching her with prior inconsistent statements in which she had implicated defendant in the assault. Even assuming that the prosecutor had no genuine expectation that the victim...

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