Opinion
April 8, 1965
Appeal from the Onondaga County Court.
Present — Bastow, J.P., Goldman, Henry, Noonan and Del Vecchio, JJ.
Judgment unanimously affirmed. Memorandum: The answers given by defendant upon cross-examination on a collateral issue were conclusive and binding on the District Attorney and the court committed error in receiving evidence offered to contradict them. The proof of guilt of the defendant is so overwhelming, however, that we believe that the error did not affect the substantial rights of the defendant and the conviction should, therefore, be affirmed.