Opinion
November 10, 1986
Appeal from the Supreme Court, Monroe County, Mark, J.
Present — Doerr, J.P., Boomer, Green, Pine and Balio, JJ.
Judgment unanimously reversed on the law and new trial granted. Memorandum: Upon taking the witness stand on his own behalf, a defendant may be questioned concerning prior convictions, as well as vicious, immoral or illegal acts, for purposes of impeaching his credibility (People v Williams, 56 N.Y.2d 236, 238). However, "[i]mpeachment of a witness by evidence or inquiry as to prior arrests or charges is clearly improper. The mere fact that a person has been previously charged or accused has no probative value. There is absolutely no logical connection between a prior unproven charge and that witness' credibility. Therefore, such evidence is inadmissible as unduly prejudicial hearsay which contravenes the presumption of innocence" (People v Cook, 37 N.Y.2d 591, 596). The court's determination that defendant could be questioned about several unnamed and named felony charges as well as unnamed misdemeanor charges was improper.