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People v. Cooper

92 N.Y.2d 968 Court N.Y. Decision date 1998-11-20 English

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p. 968
[706 NE2d 745, 683 NYS2d 757]
The People of the State of New York, Respondent, v Henry Cooper, Appellant.
Decided November 20, 1998
p. 969
APPEARANCES OF COUNSEL
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.

OPINION OF THE COURT

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 NY2d 638 , 646). We note that in this case — unlike in People v Moore ( 92 NY2d 823 ) where the defendant’s statements were vague and equivocal — defendant’s testimony was meant to elicit an incorrect jury inference that he had pleaded guilty and served prison terms in prior cases, but that he would not plead guilty in this case because he was in fact innocent.

Chief Judge Kaye and Judges Bellacosa, Smith, Levine, Ciparick and Wesley concur.

On review of submissions pursuant to section 500.4 of the Rules of the Court of Appeals (22 NYCRR 500.4), order affirmed in a memorandum.

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