PEOPLE v. HAYDE


43 A.D.2d 926 (1974)

The People of the State of New York, Respondent, v. Emanuel Hayde, Appellant

Appellate Division of the Supreme Court of the State of New York, First Department.

February 21, 1974


Defendant-appellant was indicted for possession of a gun as a felony by reason of its having been loaded (Penal Law, § 265.05, subd. 2). A second count of possession of stolen property was dismissed, leaving only the gun count. During defendant's cross-examination, it was brought out that he had theretofore been convicted of a crime. Based solely on this evidence, without amendment of the indictment, without pursuing the procedures prescribed by CPL 200.60 governing...

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