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People v. Spulka

Appellate Division of the Supreme Court of New York, First Department
Apr 30, 1996
226 A.D.2d 321 (N.Y. App. Div. 1996)

Opinion

April 30, 1996

Appeal from the Supreme Court, New York County (Nicholas Figueroa, J.).


When defendant testified before the Grand Jury, it was not improper for the prosecutor to cross-examine him concerning his prior record, including crimes similar to those charged ( People v. Pavao, 59 N.Y.2d 283, 292). In any event, the integrity of the Grand Jury process was not impaired in any respect by the prosecutor's cross-examination ( People v. Darby, 75 N.Y.2d 449).

During defendant's trial cross-examination, the prosecutor, over objection, asked defendant if he had sold drugs in the past, notwithstanding a Sandoval ruling precluding the fact of defendant's prior drug sale convictions. However, the prosecutor's error, if any, does not require reversal, in view of the court's striking of that testimony with a strong curative instruction, as well as the overwhelming evidence of guilt.

We have considered defendant's remaining arguments and find them to be without merit.

Concur — Sullivan, J.P., Milonas, Ellerin, Nardelli and Williams, JJ.


Summaries of

People v. Spulka

Appellate Division of the Supreme Court of New York, First Department
Apr 30, 1996
226 A.D.2d 321 (N.Y. App. Div. 1996)
Case details for

People v. Spulka

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. KENNETH SPULKA…

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: Apr 30, 1996

Citations

226 A.D.2d 321 (N.Y. App. Div. 1996)
642 N.Y.S.2d 230

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