Opinion
March 27, 1990
Appeal from the Supreme Court, New York County (Albert P. Williams, J.).
On appeal, the defendant's only contention is that the People's summation deprived him of a fair trial, by referring to his prior convictions.
After our review of the trial transcript, we find that the defendant admitted, during direct examination, by his own counsel, that he had previously been convicted of "one felony and three misdemeanors".
Further, our examination of the summation indicates that the People properly commented about those convictions in order to impeach defendant's credibility as a witness before the jury, and not "simply to prove a propensity to commit the crime for which he [was] on trial" (People v Mayrant, 43 N.Y.2d 236, 239).
Based upon our analysis supra, we find defendant's contention meritless.
Accordingly, we affirm.
Concur — Kupferman, J.P., Ross, Kassal and Rubin, JJ.