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People v. Vega

Appellate Division of the Supreme Court of New York, Second Department
Feb 4, 1985
108 A.D.2d 766 (N.Y. App. Div. 1985)

Opinion

February 4, 1985

Appeal from the Supreme Court, Queens County (Leahy, J.).


Judgment reversed, on the law, and new trial ordered. The findings of fact are affirmed.

The prosecution called the victim of the crime as a witness and the testimony of this witness was that defendant was not the guilty party. The prosecution then impeached its own witness after a declaration of hostility was made, with the use, inter alia, of prior unsworn oral statements. Reversal is required because the prosecution was aware in advance of calling the witness that his testimony might be exculpatory ( People v Jordan, 59 A.D.2d 746; 2 Wharton, Criminal Evidence § 485 [13th ed]) and because prior inconsistent unsworn oral statements may not be used for impeachment purposes under these circumstances (CPL 60.35; People v McNair, 59 A.D.2d 787).

Defendant's other contentions have been considered and have been found to be without merit. Lazer, J.P., Thompson, Weinstein and Eiber, JJ., concur.


Summaries of

People v. Vega

Appellate Division of the Supreme Court of New York, Second Department
Feb 4, 1985
108 A.D.2d 766 (N.Y. App. Div. 1985)
Case details for

People v. Vega

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JOSE VEGA, Appellant

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

Date published: Feb 4, 1985

Citations

108 A.D.2d 766 (N.Y. App. Div. 1985)

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