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PEOPLE v. MOORE

54 A.D.3d 878 (2008)

864 N.Y.S.2d 110

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. IBRAHIM MOORE, Appellant.

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

September 16, 2008.

Ordered that the judgment is affirmed.

The defendant's contention that he was deprived of a fair trial because the prosecution impeached its own witness is not preserved for appellate review (see CPL 470.05 [2]). In any event, impeachment of the prosecution witness was proper (see CPL 60.35). Just before the witness was to testify to the events surrounding the defendant's shooting of the decedent, the prosecutor learned that the witness also intended...

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