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People v. Brooks

Appellate Division of the Supreme Court of New York, Second Department
Oct 22, 1984
104 A.D.2d 999 (N.Y. App. Div. 1984)

Opinion

October 22, 1984

Appeal from the Supreme Court, Kings County (Schwartzwald, J.).


Judgment affirmed.

Upon review of defendant's Sandoval hearing, we find that the court did not abuse its discretion when it allowed the prosecutor to cross-examine defendant on his prior conviction of criminally negligent homicide ( People v Sandoval, 34 N.Y.2d 371). Defendant did not meet his burden of proof that the prejudicial effect of admitting the prior conviction would so outweigh the probative worth on the issue of credibility as to warrant its exclusion ( People v Sandoval, supra, p. 378; People v Bennette, 56 N.Y.2d 142; People v Dodt, 92 A.D.2d 1063, 1066, revd on other grounds 61 N.Y.2d 408). Moreover, had any error existed, the overwhelming proof of defendant's guilt would have rendered the error harmless ( People v Crimmins, 36 N.Y.2d 230; People v Morris, 63 A.D.2d 1008). Thompson, J.P., Weinstein, Rubin and Lawrence, JJ., concur.


Summaries of

People v. Brooks

Appellate Division of the Supreme Court of New York, Second Department
Oct 22, 1984
104 A.D.2d 999 (N.Y. App. Div. 1984)
Case details for

People v. Brooks

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. GEORGE BROOKS…

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

Date published: Oct 22, 1984

Citations

104 A.D.2d 999 (N.Y. App. Div. 1984)

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