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People v. Tartt

NEW YORK SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT


January 20, 2009

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,
v.
RASHEEM TARTT, DEFENDANT-APPELLANT.

Judgment, Supreme Court, Bronx County (Caesar Cirigliano, J.), rendered October 18, 2007, convicting defendant, after a jury trial, of criminal possession of a weapon in the second degree, and sentencing him to a term of 8 years, unanimously affirmed.

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This opinion is uncorrected and subject to revision before publication in the Official Reports.

Mazzarelli, J.P., Friedman, Buckley, Acosta, Freedman, JJ.

4038/04

The court properly allowed the People to impeach their witness with his grand jury testimony because a portion of his trial testimony on redirect examination affirmatively damaged the People's case (see CPL 60.35 [1]; People v Fitzpatrick, 40 NY2d 44, 51-52, [1976]). In any event, we conclude that any error in allowing that impeachment was harmless (see People v Crimmins, 36 NY2d 230 [1975]). To the extent that defendant is raising a constitutional claim, such claim is both unpreserved and without merit.

THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

20090120

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