Opinion
KA 02-02557.
December 31, 2003.
Appeal from a judgment of Oneida County Court (Dwyer, J.), entered July 8, 2002, convicting defendant after a jury trial of criminally negligent homicide.
ROBERT P. MORAN, JR., ROME, FOR DEFENDANT-APPELLANT.
MICHAEL A. ARCURI, DISTRICT ATTORNEY, UTICA (CARL J. BOYKIN OF COUNSEL), FOR PLAINTIFF-RESPONDENT.
Before: PRESENT: GREEN, J.P., HURLBUTT, SCUDDER, KEHOE, AND HAYES, JJ.
MEMORANDUM AND ORDER
It is hereby ORDERED that the judgment so appealed from be and the same hereby is unanimously affirmed, and the matter is remitted to Oneida County Court for proceedings pursuant to CPL 460.50 (5).
Memorandum: County Court properly permitted the police investigator who interviewed defendant and typed his written statement to testify regarding a change to the statement made by defendant and a question inadvertently omitted from the statement. That testimony did not constitute a violation of CPL 710.30 (1)(a) inasmuch as "the statement testified to was a reconfirmation of the statements that were contained in the People's statement notice and found voluntary at the Huntley hearing" ( People v. Ventura, 250 A.D.2d 403, 404, lv denied 92 N.Y.2d 931). The court also properly exercised its discretion in refusing to permit a defense witness to testify on a collateral issue for the purpose of impeaching the credibility of a prosecution witness ( see People v. Phillips, 256 A.D.2d 733, 734). We reject the further contention of defendant that the court erred in denying his motion to dismiss the indictment on the ground that the grand jury proceeding was defective ( see People v. Andrews, 274 A.D.2d 835, 836-837, lv denied 95 N.Y.2d 960, 961). Finally, the verdict is not against the weight of the evidence ( see People v. Bleakley, 69 N.Y.2d 490, 495).