64 N.Y.2d 1024 (1985)
A defendant who testifies on their own behalf can be cross-examined regarding prior criminal or immoral acts that bear on credibility, provided the inquiry is made in good faith and has a reasonable basis in fact; the burden is on the defendant to seek a pretrial ruling to preclude such questioning if they believe it would be unduly prejudicial.
Summary
Dawson was convicted of robbery. On appeal, he argued that the prosecutor unfairly surprised him by questioning him about an unrelated bank robbery during cross-examination. The New York Court of Appeals affirmed the conviction, holding that the prosecutor’s inquiry was permissible because Dawson was aware of the dismissed federal charges and could have sought a protective order before testifying. The court declined to shift the burden to the prosecutor to obtain prior court approval before questioning a defendant about unrelated criminal acts during cross-examination, distinguishing such situations from the introduction of evidence of other crimes as part of the prosecutor’s direct case.
Facts
Two men robbed a bar in Syracuse, New York. One of the men, identified as Dawson, took money from the bartender while the other robbed patrons. As they fled, Dawson fired at police officers. Dawson was arrested and indicted on multiple charges, including robbery and attempted murder. While awaiting trial, Dawson was released and subsequently charged in federal court with robbing a bank in Atlanta, Georgia. The federal charges were later dismissed pending the outcome of the New York indictment. The New York prosecutor was aware of the federal charges and informed Dawson’s attorney.
Procedural History
Dawson was convicted in the trial court on multiple counts of robbery and attempted aggravated assault. He appealed, arguing the prosecutor’s cross-examination regarding the Georgia bank robbery was prejudicial error. The Appellate Division affirmed the conviction. Dawson then appealed to the New York Court of Appeals.
Issue(s)
Whether the prosecutor should be required to obtain prior court approval before cross-examining a defendant about unrelated criminal acts.
Holding
No, because the defendant is in control of the decision to testify and can seek a protective order to prevent prejudicial questioning.
Court’s Reasoning
The Court of Appeals distinguished between the use of prior bad acts as evidence-in-chief and their use for impeachment purposes. When the prosecutor intends to introduce evidence of other crimes as part of the direct case, they must seek a ruling outside the jury’s presence, as established in People v. Ventimiglia. However, when the evidence is used for impeachment during cross-examination, the burden remains on the defendant to seek a protective order. The court reasoned that because the defendant controls the decision to testify, they can anticipate cross-examination on prior bad acts and seek a ruling to prevent prejudicial questioning before taking the stand. The court noted that Dawson knew about the Georgia robbery charge, even though it was dismissed, and could have raised an objection in a Sandoval motion before testifying. By failing to do so, he waived his right to an advance ruling. The court cited People v. Vidal, noting that the underlying act of a dismissed charge is a proper subject for inquiry on cross-examination. The court emphasized that a defendant cannot claim surprise when questioned about charges they were already aware of. The court found no reason to shift the burden to the prosecutor in cases where the evidence is used for impeachment purposes, as the defendant can generally prevent prejudice by seeking a pretrial ruling.