Defendant's direct testimony that he had pleaded guilty in previous cases because he was, in fact, guilty was clearly meant to elicit a jury inference that defendant's failure to plead guilty in the instant case was some proof of innocence, thereby opening the door to cross-examination of defendant regarding his motivation for a prior guilty plea (People v Garcia, 169 A.D.2d 358, 362-363, lv denied 79 N.Y.2d 857). While defendant's direct testimony did not open the door to cross-examination regarding any plea offer made in the instant case (supra), defendant's affirmative use of that issue on redirect examination, and the overwhelming nature of the evidence of defendant's guilt, precludes a finding of any prejudice to defendant that could have affected the outcome of the trial (People v Crimmins, 36 N.Y.2d 230).
Concur — Sullivan, J.P., Rosenberger, Wallach and Ross, JJ.