Legal Opinion

People v. Dowd

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

Decided December 9, 1985PublishedCited by 2 opinions

1Opinion of the Court

Appeal by defendant from a judgment of the County Court, Suffolk County (Vaughn, J.), rendered November 5, 1981, convicting him of criminal mischief in the third degree, upon a jury verdict, and imposing sentence.

Judgment affirmed.

Cross-examination of the defendant regarding his prior convictions for criminal mischief in the fourth degree was correctly ruled to be permissible if an intoxication defense was proffered. Such evidence is deemed more probative than preju*558dicial where it is relevant to show intent or to negate a defense (see, People v Dales, 309 NY 97, 101). The prosecution may also…

2Cases cited2 opinions

  1. People v. DalesNew York Court of Appeals · 1955
  2. People v. AlbertiAppellate Division of the Supreme Court of the State of New York · 1980

3Cited by2 opinions

  1. People v. Mu-MinAppellate Division of the Supreme Court of the State of New York · 1991
  2. People v. PolhillAppellate Division of the Supreme Court of the State of New York · 1997

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