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People v. Cooper

706 N.E.2d 745, 92 N.Y.2d 968, 683 N.Y.S.2d 757, 1998 N.Y. LEXIS 4031
CourtNew York Court of Appeals
DecidedNovember 20, 1998
StatusPublished
Cited by18 cases

This text of 706 N.E.2d 745 (People v. Cooper) is published on Counsel Stack Legal Research, covering New York Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
People v. Cooper, 706 N.E.2d 745, 92 N.Y.2d 968, 683 N.Y.S.2d 757, 1998 N.Y. LEXIS 4031 (N.Y. 1998).

Opinion

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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Bluebook (online)
706 N.E.2d 745, 92 N.Y.2d 968, 683 N.Y.S.2d 757, 1998 N.Y. LEXIS 4031, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-cooper-ny-1998.