People v. Watts, 35 N.Y.2d 261 (1974)

A defendant who testifies may be cross-examined about prior immoral, vicious, or criminal acts relevant to credibility, provided the questioning is in good faith and based on reasonable facts, but not to show a propensity for the charged crime.

Summary

Watts was convicted of robbery and grand larceny. On appeal, he argued that the prosecution improperly cross-examined him about his prior heroin use. The New York Court of Appeals affirmed the conviction, holding that questioning Watts about his prior heroin use was permissible to assess his credibility, as it demonstrated a willingness to prioritize self-interest over societal norms. The court emphasized the trial court’s broad discretion in allowing such cross-examination, absent clear abuse, and distinguished between using prior acts to impeach credibility versus showing criminal propensity.

Facts

Salvatore Di Gangi sought help starting his car at a train station and offered money to Watts and the defendant. After Watts left, the defendant allegedly demanded Di Gangi’s money, threatening harm and simulating a weapon. Di Gangi gave him $5 and some change. Walking toward a police officer, Di Gangi reported the robbery, leading to the defendant’s arrest. A search revealed the money, but no weapon. The defendant testified he only asked for money to get a jump start and denied threats or weapon simulation.

Procedural History

The County Court denied the defendant’s pre-trial motion to prevent the prosecution from questioning him about his prior criminal record. The defendant was convicted of robbery in the third degree and grand larceny in the third degree. The Appellate Division affirmed. The New York Court of Appeals granted leave to appeal.

Issue(s)

1. Whether it was permissible for the prosecution to cross-examine the defendant regarding prior heroin use.
2. Whether the trial court abused its discretion by allowing the prosecution to question the defendant about the source of funds for his prior heroin habit.

Holding

1. Yes, because the inquiry was directed at widespread illegality regarding narcotics, so as to reveal a disposition or willingness on his part to place self-interest ahead of principle and society.
2. No, because the trial court has wide latitude and broad discretion in this regard, and no objection was properly lodged to the questions at trial.

Court’s Reasoning

The court reasoned that cross-examination about prior immoral, vicious, or criminal acts is permissible to assess a witness’s credibility, provided it’s done in good faith and with a reasonable basis in fact. However, such questioning is impermissible if intended to show a propensity to commit the crime charged, citing People v. Molineux. The court found that inquiring about the defendant’s heroin use was proper, as it revealed a willingness to prioritize self-interest over societal norms and honesty, which are relevant to credibility. The court distinguished this from inquiring about addiction itself. Addressing the extent of permissible disparaging questions, the court cited People v. Sorge, emphasizing the trial court’s broad discretion, only reviewable for “plain abuse and injustice.” The court noted the defendant’s failure to object properly to specific questions about his income versus his drug habit. The court also addressed the pre-trial motion to preclude cross-examination about the defendant’s “prior criminal record,” holding that while youthful offender adjudications themselves cannot be used for impeachment, the underlying illegal and immoral acts may be, citing People v. Vidal.