Opinion
October 22, 1984
Appeal from the Supreme Court, Kings County (Schwartzwald, J.).
Judgment affirmed.
Upon review of defendant's Sandoval hearing, we find that the court did not abuse its discretion when it allowed the prosecutor to cross-examine defendant on his prior conviction of criminally negligent homicide ( People v Sandoval, 34 N.Y.2d 371). Defendant did not meet his burden of proof that the prejudicial effect of admitting the prior conviction would so outweigh the probative worth on the issue of credibility as to warrant its exclusion ( People v Sandoval, supra, p. 378; People v Bennette, 56 N.Y.2d 142; People v Dodt, 92 A.D.2d 1063, 1066, revd on other grounds 61 N.Y.2d 408). Moreover, had any error existed, the overwhelming proof of defendant's guilt would have rendered the error harmless ( People v Crimmins, 36 N.Y.2d 230; People v Morris, 63 A.D.2d 1008). Thompson, J.P., Weinstein, Rubin and Lawrence, JJ., concur.