Legal Opinion

People v. Michaels

Appellate Division of the Supreme Court of the State of New York

Decided May 25, 1915PublishedCited by 5 opinions

Appeal by the defendant, Benjamin Michaels, from a judgment of the Court of Special Sessions of the City of New York, borough of Brooklyn, Part 2, entered in the office of the clerk of said court on the 23d day of November, 1914, convicting him of the crime of possessing cocaine.

1Opinion of the Court

Thomas, J.:

The evidence sustains the conviction. The defendant upon cross-examination testified that he had been convicted of a crime, and it is urged that he should have been allowed greater latitude in explaining the circumstances. In an earlier action between him and the People it was decided that he had been guilty of a larceny. That fact was established. Here the People would use the judgment establishing the fact to affect the defendant’s credibility as a witness. The defendant urges that the judgment invoked for such purpose loses its force as an estoppel, and that the fact determined…

2Cases cited2 opinions

  1. Commonwealth v. GalliganMassachusetts Supreme Judicial Court · 1891
  2. Commonwealth v. FeldmanMassachusetts Supreme Judicial Court · 1881

3Cited by5 opinions

  1. People v. DaceyNew York Court of General Session of the Peace · 1938
  2. People v. TaitAppellate Division of the Supreme Court of the State of New York · 1932
  3. People v. JohnsonNew York Supreme Court · 1977
  4. Boyer v. United StatesDistrict of Columbia Court of Appeals · 1944
  5. People v. JohnsonAppellate Division of the Supreme Court of the State of New York · 1981

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