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PEOPLE v. COOPER

92 N.Y.2d 968 (1998)

706 N.E.2d 745

683 N.Y.S.2d 757

The People of the State of New York, Respondent, v. Henry Cooper, Appellant.

Court of Appeals of the State of New York.

Decided November 20, 1998.

Attorney(s) appearing for the Case

Laura Lieberman Cohen, Daniel L. Greenberg and M. Sue Wycoff, New York City, for appellant.

Robert M. Morgenthau, District Attorney of New York County, New York City (Maura E. Daly of counsel), for respondent.

Chief Judge KAYE and Judges BELLACOSA, SMITH, LEVINE, CIPARICK and WESLEY concur.

MEMORANDUM.

The order of the Appellate Division should be affirmed.

Defendant opened the door to cross-examination regarding his motivation for prior guilty pleas and was subject to impeachment by the People's use of the otherwise precluded evidence (People v Fardan, 82 N.Y.2d 638, 646). We note that in this case — unlike in People v Moore (

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