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People v. Breneman

Appellate Division of the Supreme Court of New York, Fourth Department
Apr 14, 1993
192 A.D.2d 1084 (N.Y. App. Div. 1993)

Opinion

April 14, 1993

Appeal from the Supreme Court, Erie County, Forma, J.

Present — Green, J.P., Fallon, Boomer, Davis and Boehm, JJ.


Judgment unanimously affirmed. Memorandum: There is no merit to defendant's contention that the court erred in allowing the prosecutor to cross-examine him on prior convictions in the Commonwealth of Pennsylvania for sexual crimes involving one or more youths. It is not error to permit cross-examination for impeachment purposes about prior crimes and bad acts, even though they are similar to crimes charged, particularly where the prior crime evinces an intention to place one's own interest above the interest of others (People v Pavao, 59 N.Y.2d 282, 292; People v Beckett, 156 A.D.2d 1009, 1010, lv denied 75 N.Y.2d 917; People v Washpun, 134 A.D.2d 858, lv denied 70 N.Y.2d 1012; People v Edwards, 80 A.D.2d 993, 994). Thus, it has been held proper to permit cross-examination about sexual abuse convictions in a sexual abuse case (People v Weeks, 126 A.D.2d 857, 860). We have reviewed the other issues raised by defendant and find them to be without merit.


Summaries of

People v. Breneman

Appellate Division of the Supreme Court of New York, Fourth Department
Apr 14, 1993
192 A.D.2d 1084 (N.Y. App. Div. 1993)
Case details for

People v. Breneman

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ASHBY BRENEMAN…

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

Date published: Apr 14, 1993

Citations

192 A.D.2d 1084 (N.Y. App. Div. 1993)
596 N.Y.S.2d 607

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