Majority
— Appeal by the defendant from a judgment of the County Court, Dutchess County (Marlow, J.), rendered April 27, 1984, convicting him of burglary in the third degree, upon a jury verdict, and imposing sentence.
Ordered that the judgment is affirmed.
Viewing the evidence in the light most favorable to the prosecution, the defendant’s guilt was proven beyond a reasonable doubt (see, Jackson v Virginia, 443 US 307 , 319; People v Contes, 60 NY2d 620 , 621). The evidence, although circumstantial, was inconsistent with the defendant’s innocence and excluded to a moral certainty every other reasonable hypothesis but his guilt (see, People v Way, 59 NY2d 361 , 365; People v Milea, 112 AD2d 1011 , lv denied 66 NY2d 921 ).
The People’s cross-examination of the defendant with respect to a prior burglary conviction did not deprive him of a fair trial (see, People v Pavao, 59 NY2d 282 , 292). The fact that a defendant may specialize in one type of criminal activity should not shield him from impeachment with prior similar convictions (see, People v Rahman, 62 AD2d 968 , affd 46 NY2d 882 ; People v Cherry, 106 AD2d 458 ). Mangano, J. P., Weinstein, Lawrence and Kooper, JJ., concur.
Cases cited
- Jackson v. Virginia 443 US 307 at 319 p. 405
- People v. Contes 60 NY2d 620 at 621 p. 405
- People v. Way 59 NY2d 361 at 365 p. 405
- People v. Pavao 59 NY2d 282 at 292 p. 405
- People v. Rahman 62 AD2d 968 p. 405
- People v. Rahman 46 NY2d 882 p. 405