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PEOPLE v. MOCO

10249, 4097/14.

176 A.D.3d 644 (2019)

111 N.Y.S.3d 586

2019 NY Slip Op 07855

The People of the State of New York, Respondent, v. Robert Moco, Appellant.

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

Decided October 31, 2019.

Attorney(s) appearing for the Case

Christina A. Swarns , Office of the Appellate Defender, New York ( Victorien Wu of counsel), for appellant.

Cyrus R. Vance, Jr. , District Attorney, New York ( Deborah L. Morse of counsel), for respondent.

Concur—Friedman, J.P., Kapnick, Kern, Singh, JJ.

The People should not have been permitted to cross-examine defendant about the underlying facts of two prior arrests that resulted in dismissals, where the prosecutor had not ascertained whether the charges had been dismissed on the merits, which would have negated any good faith basis for inquiry (see People v Padilla, 28 A.D.3d 365 [1st Dept 2006], lv denied 7 N.Y.3d 792 [2006...

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