MEMORANDUM:
The order of the Appellate Division should be affirmed.
Defendant opened the door to cross-examination regarding his motivation for prior guilty pleas and was subject to impeachment by the People's use of the otherwise precluded evidence ( People v. Fardan, 82 N.Y.2d 638, 646). We note that in this case — unlike in People v. Moore ( 92 N.Y.2d 823) where the defendant's statements were vague and equivocal — defendant's testimony was meant to elicit an incorrect jury inference that he had pled guilty and served prison terms in prior cases, but that he would not plead guilty in this case because he was in fact innocent.
On review of submissions pursuant to section 500.4 of the Rules, order affirmed, in a memorandum. Chief Judge Kaye and Judges Bellacosa, Smith, Levine, Ciparick and Wesley concur.