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People v. Mateo

Appellate Division of the Supreme Court of New York, Second Department
Apr 6, 1992
182 A.D.2d 644 (N.Y. App. Div. 1992)

Opinion

April 6, 1992

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


Ordered that the judgment is affirmed.

Contrary to the defendant's contention, we find that the trial court properly allowed the prosecutor to question the defendant's witness about the defendant's character. Although the People may not initially question a witness concerning the defendant's reputation or character, they may do so when a witness testifies as to the defendant's character (see, Fisch, New York Evidence § 174). Here, the defendant's witness testified that he never saw the defendant involved "in things about drugs or anything like that". Therefore, it was proper for the prosecutor to question the witness concerning his knowledge of the defendant's previous plea of guilty to attempted criminal possession of a controlled substance (see, People v Campo, 156 A.D.2d 375; People v Tuckerman, 134 A.D.2d 732).

The defendant's remaining contentions are without merit or are not preserved for appellate review (see, CPL 470.05), and in light of the overwhelming evidence of the defendant's guilt, we decline to review the latter in the exercise of our interest of justice jurisdiction. Thompson, J.P., Harwood, Rosenblatt and Miller, JJ., concur.


Summaries of

People v. Mateo

Appellate Division of the Supreme Court of New York, Second Department
Apr 6, 1992
182 A.D.2d 644 (N.Y. App. Div. 1992)
Case details for

People v. Mateo

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. CARLOS MATEO, Appellant

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

Date published: Apr 6, 1992

Citations

182 A.D.2d 644 (N.Y. App. Div. 1992)
582 N.Y.S.2d 36

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