Login
  • Bookmark
  • PDF
  • Share
  • CaseIQ

MATTER OF ROBERT

Appellate Division of the Supreme Court of New York, Second Department.
Oct 2, 1995

Ordered that the order of disposition is affirmed, without costs or disbursements.

The appellant's claim that he was improperly cross-examined on a prior charge is without merit. The District Attorney ultimately terminated the prior charge for unspecified reasons. Such a termination does not constitute an acquittal, or a dismissal on the merits, which would bar cross-examination of the underlying acts (see, e.g., People v. Matthews, 68 N.Y.2d 118, 123; People v Vidal, 26 N.Y.2d 249, 253; cf., People v. Santiago, 15 N.Y.2d 640, 641). Moreover, the record shows that the questions were asked in good faith and had a basis in fact (see, e.g., People v. Sorge, 301 N.Y. 198, 200; People v. Booker, 134 A.D.2d 949). Mangano, P.J., O'Brien, Ritter, Pizzuto and Florio, JJ., concur.