Opinion
July 7, 1955.
Appeal from County Court, Columbia County.
Present — Foster, P.J., Bergan, Coon, Halpern and Zeller, JJ. [See post, p. 1122.]
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.