People v. Geller

27 A.D.2d 843, 278 N.Y.S.2d 41, 1967 N.Y. App. Div. LEXIS 4654

Opinion

Judgment of the Supreme Court, Kings County, rendered April 29, 1966, affirmed. The prosecutor was entitled to cross-examine appellant, for purposes of impeachment, as to a vicious or immoral act which had been the basis for a prior adjudication of appellant as a vouthful offender (People v. Hurst, 13 A D 2d 821, 822, affd. 10 N Y 2d 939, 940). People v. Sarra (283 App. Div. 876, affd. 308 N. Y. 302) is not to the contrary, holding only that a prosecutor may not elicit directly testimony that the defendant was adjudged a youthful offender and may not characterize the act upon which that adjudication was based as a “crime”. The other points raised by appellant have been considered and, in our opinion, are without merit. Beldoek, P. J., Ughetta, Rabin, Benjamin and Munder, JJ., concur.