People v. Jones

207 A.D.2d 745, 617 N.Y.S.2d 4, 1994 N.Y. App. Div. LEXIS 9169

Opinion

—Judgment, Supreme Court, New York County (Franklin Weissberg, J.), rendered February 18, 1992, convicting defendant, upon a jury trial, of robbery in the first degree, and assault in the second degree, and upon his guilty plea, of attempted robbery in the second degree, and sentencing him, as a persistent felony offender, to two concurrent terms of 14 years to life for his robbery and assault convictions, and to a consecutive term of 6 years to life for the attempted robbery conviction, unanimously affirmed.

The prosecutor properly used a prior inconsistent statement to impeach defendant’s credibility because defendant previously stated that he was unemployed when arrested, but testified on direct examination that he had been employed (see, People v Wise, 46 NY2d 321). However, defendant’s prior statement as to where he lived is a collateral matter and not subject to impeachment by use of a prior inconsistent statement (supra). Nevertheless, the error was harmless in view of the overwhelming proof of defendant’s guilt (People v Crimmins, 36 NY2d 230).

Contrary to defendant’s contention, the commitment sheet shows that the trial court sentenced the defendant on all counts of the indictment, as required by CPL 380.20 (compare, People v Sturgis, 69 NY2d 816). Concur—Sullivan, J. P., Carro, Kupferman, Nardelli and Tom, JJ.