Opinion
April 4, 1995
Appeal from the Supreme Court, Bronx County (Frank Torres, J.).
While a trial court's refusal of a defendant's request for a jury instruction that a prior inconsistent statement may be used for impeachment purposes only and is not evidence of the truth of the prior statement is generally inconsequential, where, as here, the People's case rested on the credibility of a single, significantly impeached witness, such refusal constitutes reversible error.
We have considered the defendant's other arguments and find them to be without merit.
Concur — Sullivan, J.P., Wallach, Kupferman and Ross, JJ.