Appellate Division of the Supreme Court of New York, 1989

People v. Molina

People v. Molina
Appellate Division of the Supreme Court of New York · Decided May 23, 1989
150 A.D.2d 257; 543 N.Y.S.2d 297; 1989 N.Y. App. Div. LEXIS 6836
People v. Molina

Opinion of the Court

Judgment, Supreme Court, New York County (James Leff, J., at Sandoval hearing, jury trial and sentence), rendered May 15, 1987, which convicted defendant of burglary in the third degree, and sentenced *258defendant to 3 Vi to 7 years’ imprisonment, unanimously reversed, on the law, and the case is remanded for a new trial.

We agree with the People’s concession that the court erred in permitting the People to cross-examine the defendant concerning four prior convictions, all of which, as did the instant indictment, involve thefts from commercial vehicles. (People v Sandoval, 34 NY2d 371.) Nor can the error be deemed harmless, since defendant’s credibility was a central issue at trial. Concur—Murphy, P. J., Ross, Carro, Asch and Kassal, JJ.

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