People v. Peele

New York Court of Appeals
People v. Peele, 12 N.Y.2d 890 (N.Y. 1963)
188 N.E.2d 265

People v. Peele

Opinion of the Court

Per Curiam.

Since juvenile delinquency adjudications are not convictions of crime either in New York or Virginia (see former N. Y. City Dom. Eel. Ct. Act, § 84 and former Children’s Ct. Act, § 45, subd. 4; Family Ct. Act, § 781; Code of Virginia, § 16.1-179), it was erroneous and improper at this trial to use such an adjudication, made in Virginia, as a “ criminal conviction” to impeach the testimony of defendant. The error in this case was, however, not reversible since the prosecutor in good faith believed that there had been a criminal conviction, and the references thereto at the trial could not on this record have prejudiced defendant’s substantial rights.

*892Accordingly, the judgment is affirmed pursuant to section 542 of the Code of Criminal Procedure.

Chief Judge Desmond and Judges Dye, Fuld, Van Voorhis, Burke, Foster and Scileppi concur.

Judgment affirmed.

Reference

Full Case Name
The People of the State of New York v. Alphonso Peele
Cited By
4 cases
Status
Published