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People v. Thompson

75 A.D.2d 630 Court N.Y. App. Div. Decision date 1980-04-21 English

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p. 630
The People of the State of New York, Respondent, v John Thompson, Appellant.

Appeal by defendant from a judgment of the Supreme Court, Queens County, rendered October 6, 1978, convicting him of burglary in the third degree, upon a jury verdict, and imposing sentence. Judgment affirmed. It was improper for the Trial Justice to overrule defense counsel’s objection to the District Attorney’s cross-examination of defendant’s character witness as to specific acts of misconduct on the night of the burglary (see Richardson, Evidence [10th ed], § 153, p 124). However, in light of the witness’ responses to the questions and the overwhelming evidence of guilt, the error was harmless (see People v Crimmins, 36 NY2d 230 ). Rabin, J. P., Gulotta, Cohalan and Margett, JJ., concur.

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