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People v. Jones

Appellate Division of the Supreme Court of New York, First Department
Sep 29, 1994
207 A.D.2d 745 (N.Y. App. Div. 1994)

Opinion

September 29, 1994

Appeal from the Supreme Court, New York County (Franklin Weissberg, J.).


The prosecutor properly used a prior inconsistent statement to impeach defendant's credibility because defendant previously stated that he was unemployed when arrested, but testified on direct examination that he had been employed (see, People v Wise, 46 N.Y.2d 321). However, defendant's prior statement as to where he lived is a collateral matter and not subject to impeachment by use of a prior inconsistent statement (supra). Nevertheless, the error was harmless in view of the overwhelming proof of defendant's guilt (People v. Crimmins, 36 N.Y.2d 230).

Contrary to defendant's contention, the commitment sheet shows that the trial court sentenced the defendant on all counts of the indictment, as required by CPL 380.20 (compare, People v Sturgis, 69 N.Y.2d 816).

Concur — Sullivan, J.P., Carro, Kupferman, Nardelli and Tom, JJ.


Summaries of

People v. Jones

Appellate Division of the Supreme Court of New York, First Department
Sep 29, 1994
207 A.D.2d 745 (N.Y. App. Div. 1994)
Case details for

People v. Jones

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ROBERT JONES, Appellant

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

Date published: Sep 29, 1994

Citations

207 A.D.2d 745 (N.Y. App. Div. 1994)
617 N.Y.S.2d 4

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