—[*1] Robert S. Dean, Center for Appellate Litigation, New York (Bruce D. Austern of counsel), for appellant.

Robert T. Johnson, District Attorney, Bronx (Bryan C. Hughes of counsel), for respondent.

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 eight years, unanimously affirmed.

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. Concur—Mazzarelli, J.P., Friedman, Buckley, Acosta and Freedman, JJ.