People v. Fenti

Judgment unanimously affirmed. Memorandum: The prosecutor erred in asking defendant whether he was convicted of criminal possession of a controlled substance in 1975 because he knew or should have known from *913the. notations on the certificate of conviction and on defendant’s criminal history attached to the People’s “Response To Demand To Produce” that the charge was adjourned in contemplation of dismissal and, therefore, dismissed by operation of law (see People v Cook, 37 NY2d 591; People v Santiago, 15 NY2d 640; cf. People v Schwartzman, 24 NY2d 241, cert den 396 US 846). We deem the error…