People v. Carmack

Dillon, J. (dissenting). I dissent and vote to affirm.

At the Sandoval hearing (People v Sandoval, 34 NY2d 371), the defendant produced evidence of his past record and his involvement in varying degrees in twelve prior incidents. The burden was his to demonstrate "that the prejudicial effect of the admission of evidence thereof for impeachment purposes would so far outweigh the probative worth of such evidence on the issue of credibility as to warrant its exclusion.” (People v Sandoval, supra, p 378.) The trial court, in the exercise of its discretion, found that the defendant had met his…