New York Court of Appeals, 1979

People v. Cruz

New York Court of Appeals · Decided June 5, 1979 · Cooke and Judges Jasen, Gabrielli, Jones, Wachtler and Fuchsberg Concur

47 N.Y.2d 838; 392 N.E.2d 565; 418 N.Y.S.2d 578; 1979 N.Y. LEXIS 2112

Cases that cite this one

5 later published cases cite this decision.

People v. Nielson (Appellate Division of the Supreme Court of New York 1985)
People v. Maier (Appellate Division of the Supreme Court of New York 2010)
People v. Jones (Appellate Division of the Supreme Court of New York 2000)
People v. Meeks (Appellate Division of the Supreme Court of New York 1987)
People v. Walls (Appellate Division of the Supreme Court of New York 1979)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed.

Defendant’s wife, who on direct examination had not testified as a character witness, was cross-examined regarding defendant’s prior criminal record. While this was concededly error, such questioning did not rise to the level of constitutional error depriving defendant of a fair trial. In such circumstances, and in view of the court’s efforts to give curative instructions, the overwhelming evidence against defendant, and the lack of significant probability of acquittal absent such testimony, this cross-examination constituted harmless error (People v Crimmins, 36 NY2d 230, 241-242).

Chief Judge Cooke and Judges Jasen, Gabrielli, Jones, Wachtler and Fuchsberg concur.

Order affirmed in a memorandum.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.