Opinion
May 29, 1990
Appeal from the Supreme Court, New York County, Felice Shea, J.
Defendant was convicted of abusing his official position as a police attendant at Manhattan Central Booking. In two separate incidents, he told prisoners that the processing of their arrests would be delayed if he was not paid. The testimony of the second trio of victims was corroborated by another police attendant who pleaded guilty before trial.
There is no merit to defendant's claim that his guilt was not supported by the credible evidence (cf., People v. Bleakley, 69 N.Y.2d 490, 495). Nor is there any merit to defendant's claim that he is entitled to a new trial because the court did not allow him to introduce extrinsic evidence to show that one of the trio of earlier victims had a prior conviction for a violation and was the subject of a bench warrant. Extrinsic proof of a bench warrant is not admissible, and the record does not show that the witness was properly asked if he had been previously convicted of a "specified offense" (CPL 60.40). Finally, defendant's contention that his sentence is excessive is rendered moot by his discharge from parole prior to the perfection of this appeal.
Concur — Sullivan, J.P., Rosenberger, Asch and Rubin, JJ.