NEW YORK SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT
January 20, 2009
THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,
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.
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 ; People v Fitzpatrick, 40 NY2d 44, 51-52, ). In any event, we conclude that any error in allowing that impeachment was harmless (see People v Crimmins, 36 NY2d 230 ). 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.
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