People v. Gladney

Defendant was convicted of unlawful possession of a controlled substance and unlawful possession with intent to deliver. Police officer's testimony that "other officers" saw Defendant hand someone a bag was hearsay. This officer did not personally observe transfer but reported what other officers saw, and was elicited to prove the truth of the matter asserted. This statement was a "plain error." Evidence of elements of both offenses (Defendant's possession and intent to distribute the narcotics contained in the bags) was not close. Impeachment of a witness's statement was permitted because this testimony affirmatively damaged the State's case. Thus, State properly impeached witness's testimony by introducing additional evidence of witnesses's statement to the police through another police sergeant's testimony. Sergeant's testimony as to witness's statement at the scene was excepted from hearsay as a prior inconsistent statement admitted to impeach witness's testimony and is not a "plain error." (CARTER and O'BRIEN, concurring.)