Opinion
.Page 924
286 A.D. 924 142 N.Y.S.2d 921 The PEOPLE of the State of New York, Respondent, v. Herbert W. PETERS, Appellant. Supreme Court of New York, Third Department July 7, 1955.John R. Cummins, Plattsburg, for appellant.
John N. McLaren, Dist. Atty., Hudson, for respondent.
Before FOSTER, P. J., and BERGAN, COON, HALPERN and ZELLER, JJ.
PER CURIAM.
Appeal from a judgment of the County Court, Columbia County, entered May 10, 1951, sentencing the appellant to State's prison for the crime of robbery in the first degree upon a jury verdict finding him guilty of that crime.
Upon the trial, one Hansen, an alleged accomplice of the appellant, was sworn as a witness on his behalf in an effort to prove that a statement alleged to have been made by the appellant and Hansen had been induced by a promise of immunity by the public authorities. Upon cross-examination of Hansen, the District Attorney brought out that he had been convicted of the crime and sentenced to State's prison.
We find no error in the court's permitting this to be brought out upon cross-examination. The fact of the conviction was properly elicited as bearing upon the credibility of Hansen as a witness. Penal Law, § 2444.
Judgment of conviction unanimously affirmed.