Can a prosecutor impeach a witness by eliciting evidence that the witness and defendant were members of the same gang?

California, United States of America


The following excerpt is from People v. McCoy, C090615 (Cal. App. 2021):

Similarly, in Maestas, the prosecutor impeached a witness by eliciting testimony that the witness and the defendant were members of the same gang, where the prosecutor had already established that the witness and the defendant were close friends who spent a lot of time together. The appellate court concluded the admission of the gang evidence was an abuse of discretion. (People v. Maestas, supra, 20 Cal.App.4th at p. 1495.)

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