PEOPLE v. POLLOCK


50 N.Y.2d 547 (1980)

The People of the State of New York, Respondent, v. Jose Manuel Pollock, Appellant.

Court of Appeals of the State of New York.

Decided June 12, 1980.


Attorney(s) appearing for the Case

Gerald B. Lefcourt and Richard Ware Levitt for appellant.

Robert M. Morgenthau, District Attorney (Mark Dwyer and Robert M. Pitler of counsel), for respondent.

Judges JASEN, GABRIELLI, JONES and WACHTLER concur in Per Curiam opinion; Judge MEYER dissents and votes to reverse in an opinion in which Judge FUCHSBERG concurs and in which Chief Judge COOKE concurs in part in a separate dissenting memorandum.


Per Curiam.

The record demonstrates that the trial court exercised its discretion when it ruled that the prosecution would be permitted to impeach the credibility of the defendant, if he took the stand, by confronting him with his prior criminal acts. Indeed, the court, in its opinion carefully balanced the probative worth of the tendered proof against the risk of prejudice and it cannot be said that the court's ruling...

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