From Casetext: Smarter Legal Research

People v. Walker

Appellate Division of the Supreme Court of New York, Second Department
Nov 14, 1994
209 A.D.2d 559 (N.Y. App. Div. 1994)

Opinion

November 14, 1994

Appeal from the Supreme Court, Westchester County (Cowhey, J.).


Ordered that the judgment is affirmed.

At the Sandoval hearing, the prosecutor sought to introduce evidence of prior convictions of the defendant of a misdemeanor and two felonies under certain aliases. The court permitted the prosecutor to inquire whether the defendant had been convicted of a misdemeanor and two felonies. It also permitted the prosecutor to ask whether the defendant had ever used aliases. Since the prosecutor only sought to use the alias evidence in connection with the three convictions that the court properly held could be the subject of cross-examination, there would have been no prejudice to the defendant had he testified (see, People v Walker, 83 N.Y.2d 455, 463). In addition, the ruling concerning alias evidence was proper because the law is clear that such evidence is admissible to impeach the credibility of a witness because it indicates a propensity for untruthfulness (see, People v. Walker, supra, at 463).

The defendant's remaining contention is unpreserved for appellate review, and, in any event, without merit. Rosenblatt, J.P., Ritter, Copertino and Florio, JJ., concur.


Summaries of

People v. Walker

Appellate Division of the Supreme Court of New York, Second Department
Nov 14, 1994
209 A.D.2d 559 (N.Y. App. Div. 1994)
Case details for

People v. Walker

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DONALD WALKER…

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

Date published: Nov 14, 1994

Citations

209 A.D.2d 559 (N.Y. App. Div. 1994)
619 N.Y.S.2d 615

Citing Cases

People v. Rodriguez

It is well settled that there is no per se rule prohibiting the cross-examination of a defendant with…