Opinion
April 30, 1996
Appeal from the Supreme Court, New York County (Nicholas Figueroa, J.).
When defendant testified before the Grand Jury, it was not improper for the prosecutor to cross-examine him concerning his prior record, including crimes similar to those charged ( People v. Pavao, 59 N.Y.2d 283, 292). In any event, the integrity of the Grand Jury process was not impaired in any respect by the prosecutor's cross-examination ( People v. Darby, 75 N.Y.2d 449).
During defendant's trial cross-examination, the prosecutor, over objection, asked defendant if he had sold drugs in the past, notwithstanding a Sandoval ruling precluding the fact of defendant's prior drug sale convictions. However, the prosecutor's error, if any, does not require reversal, in view of the court's striking of that testimony with a strong curative instruction, as well as the overwhelming evidence of guilt.
We have considered defendant's remaining arguments and find them to be without merit.
Concur — Sullivan, J.P., Milonas, Ellerin, Nardelli and Williams, JJ.