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46 N.Y.2d 764

People v. Shields

New York Court of Appeals

Decided December 7, 1978

New York Court of Appeals · decided 1978-12-07

Cited by 4 later decisions — most recently February 2010

4 state decisions

Key passage — most relied on by later courts

“is largely, if not completely, a matter of discretion which rests with the trial courts and fact-reviewing intermediate appellate courts”

quoted by 1 later decision, including People v. Gray

Good law ✅— No negative treatment on recordhow we know

Decided 1978-12-07

View the full empirical analysis of this case →

¶1OPINION OF THE COURT

¶2Memorandum.

¶3The order of the Appellate Division should be affirmed.

¶4On the whole record, we cannot say that the Appellate Division was not justified in finding the proof of defendant’s guilt so overwhelming that the trial errors paled into harmlessness. In arriving at that conclusion, however, we disregard the course of speculation that led the majority at the Appellate Division to conjecture that considerations other than the erroneous denial of defendant’s application to preclude inquiry as to the prior conviction of assault with intent to rape motivated his failure to take the stand. Moreover, the exclusion of prior convictions is largely, if not completely, a matter of discretion which rests with the trial courts and fact-reviewing intermediate appellate courts.

¶5Chief Judge Breitel and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Cooke concur.

¶6Order affirmed in a memorandum.

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