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.