Legal Opinion
Cohens v. Hess
New York Court of Appeals
Decided December 1, 1998PublishedCited by 3 opinions
1Opinion of the Court
OPINION OF THE COURT
Smith, J.
In this appeal, we consider whether a plea of guilty to a traffic offense which by leave of court has been withdrawn can remain as admissible evidence in a subsequent civil action seeking damages. Because, under the circumstances of this case, we conclude that the withdrawn plea was admissible in the subsequent civil action, we hold that the trial court committed reversible error by prohibiting plaintiff from using the plea as relevant impeachment material.
On March 28, 1995, plaintiffs commenced this personal injury action seeking damages for injuries sustained by…
2Cases cited8 opinions
- Kercheval v. United StatesSupreme Court of the United States · 1927
- People v. DrozNew York Court of Appeals · 1976
- Ando v.WoodberryNew York Court of Appeals · 1960
- People v. SpitaleriNew York Court of Appeals · 1961
- People v. EvansNew York Court of Appeals · 1982
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3Cited by3 opinions
- Miszko v. LumaAppellate Division of the Supreme Court of the State of New York · 2001
- Kirby v. Monroe No. 1 Board of Cooperative Educational ServicesAppellate Division of the Supreme Court of the State of New York · 2003
- Colosi v. FoleyAppellate Division of the Supreme Court of the State of New York · 2008