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PEOPLE v. RIVERA

60 A.D.2d 523 (1977)

The People of the State of New York, Respondent, v. Eduardo Rivera, Appellant

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

December 6, 1977

Unanimously reversed, on the law, and a new trial ordered.

At the trial, defendant chose not to take the stand, after the court ruled that if he did testify, he could be cross-examined as to his prior conviction for possession of marijuana. The court stated, "it doesn't involve hard drugs but may, nevertheless, demonstrate to the jury a disregard of law by your client". This ruling did not conform to the law (People v...

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