PEOPLE v. SIMMS


174 A.D.2d 979 (1991)

The People of the State of New York, Respondent, v. Andrea Simms, Appellant

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

June 7, 1991


Judgment unanimously affirmed.

Memorandum:

Defendant, a private duty nurse's aide, was convicted of forcibly stealing a diamond ring from a patient at a nursing home where she was working. Supreme Court erred in permitting cross-examination of defendant concerning her prior drug abuse and her admittance to a drug treatment program. While a defendant who chooses to testify at trial may be cross-examined with respect to any immoral, vicious or criminal acts...

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