People v. Sandoval, 34 N.Y.2d 371 (1974)
A criminal defendant may be cross-examined about prior immoral, vicious, or criminal acts if the questioning is conducted in good faith and is relevant to the defendant’s credibility, but the trial court has discretion to preclude such questioning if it would unduly prejudice the defendant.
Summary
Sandoval was convicted of grand larceny. On appeal, he argued that the prosecutor improperly cross-examined him regarding prior misconduct, specifically a conviction for driving without a license related to the stolen car, a youthful offender adjudication for possessing forged licenses, and an assault charge terminated in youth court. The New York Court of Appeals affirmed the conviction, holding that while cross-examination about prior bad acts is permissible to impeach credibility, the trial court retains discretion to limit such questioning to prevent undue prejudice. The court also addressed the necessity of specific objections to preserve such issues for appellate review.
Facts
On February 20, 1960, police officers pursued a stolen vehicle, briefly losing sight of it before finding it abandoned. They observed Sandoval walking nearby. At trial for grand larceny, Sandoval testified he was not in the car. During cross-examination, the prosecutor questioned Sandoval about a prior conviction for driving the same stolen car without a license. He was also questioned about a youthful offender adjudication involving forged automobile licenses and a terminated assault charge.
Procedural History
Sandoval was convicted of grand larceny in the first degree. He appealed, alleging trial errors during his cross-examination. The Court of Appeals reviewed the conviction, focusing on the propriety of the cross-examination regarding prior misconduct and the adequacy of the objections made at trial.
Issue(s)
1. Whether the cross-examination of the defendant regarding a prior conviction for driving without a license, related to the stolen vehicle, was proper, given the defendant’s denial of ever being in the car.
2. Whether cross-examination regarding a youthful offender adjudication for possession of forged licenses and a terminated assault charge was proper to impeach the defendant’s credibility.
3. Whether the defendant’s general objections to the cross-examination were sufficient to preserve the issues for appellate review.
Holding
1. Yes, because the defendant failed to object to the questions or the summation, or to take exception to the charge regarding the prior conviction, thereby not preserving the issue for appeal.
2. Yes, because the acts underlying a youthful offender adjudication and a terminated charge can be used for impeachment purposes, provided the questioning is in good faith and there is no showing that the judicial history was not presented to the court.
3. No, because a general objection is insufficient to preserve an issue for appeal unless the proffered evidence is inherently incompetent, and the specific grounds for objection must be presented to the trial court.
Court’s Reasoning
The Court of Appeals held that the cross-examination regarding the prior conviction for driving without a license was prejudicial because it related directly to an essential element of the People’s case. However, because the defendant failed to object to the questions, summation, or jury charge on this matter, the issue was not preserved for appeal. Regarding the youthful offender adjudication and the terminated assault charge, the court clarified that while the adjudications themselves cannot be used for impeachment, the underlying immoral or illegal acts can be, provided the questioning is in good faith. The court emphasized that a “termination” is not necessarily equivalent to an acquittal and that there was no evidence that the questioning was not in good faith. The court cited People v. Hurst, affirming that underlying illegal and immoral acts may be used to impeach a witness even if they supported a prior youthful offender adjudication.
The court also addressed the importance of specific objections, noting that a general objection is insufficient unless the evidence is inherently incompetent. The function of a specific objection is to alert the court and opposing counsel to the particular infirmity of the evidence, thus promoting judicial economy. The court stated, “A general objection, in the usual course, is to no avail when overruled if not followed by a specific objection directing the court, and the adversary, to the particular infirmity of the evidence.” Because the defendant did not specifically raise the issue of the youthful offender adjudication or the terminated assault charge, he failed to provide the trial court with the opportunity to rule on the admissibility of the evidence based on those grounds.