People v. Hayes, 97 N.Y.2d 203 (2002)
A trial court has discretion to permit cross-examination of a testifying defendant regarding the nature of prior convictions, even if those convictions are similar to the charged crime; there is no per se rule prohibiting such inquiry.
Summary
Hayes was convicted of rape, coercion, burglary, and unlawful imprisonment. Prior to trial, the court ruled that if Hayes testified, the prosecution could cross-examine him on the existence and nature of four prior convictions, including sexual abuse and aggravated sexual assault, but not the underlying facts. Hayes did not testify, and was convicted. The Appellate Division reversed, holding the cross-examination should have been limited to the mere existence of prior convictions. The Court of Appeals reversed, holding the trial court did not abuse its discretion and that similarity of prior convictions does not automatically preclude inquiry into their nature.
Facts
Complainant was placed in a motel due to domestic violence. Hayes allegedly entered her room, raped her, and stole money. A physical exam revealed evidence consistent with nonconsensual intercourse. Hayes conceded intercourse but claimed it was consensual. The People sought to cross-examine Hayes on six prior convictions if he testified. Defense argued this would be unduly prejudicial, particularly because the case hinged on the credibility of the complainant versus Hayes.
Procedural History
The County Court permitted cross-examination on the existence and nature of four prior convictions, prohibiting inquiry into the underlying facts. Hayes did not testify and was convicted. The Appellate Division reversed, finding the County Court abused its discretion by permitting cross-examination regarding the nature of similar prior crimes. The Court of Appeals then reversed the Appellate Division’s decision.
Issue(s)
Whether a trial court errs when it permits cross-examination of a testifying defendant regarding the nature of prior convictions that are similar to the crime for which the defendant is currently on trial, or whether the cross-examination must be limited to the mere existence of the prior convictions.
Holding
No, because a trial court has discretion to determine the scope of cross-examination regarding prior convictions, and there is no absolute prohibition on inquiry into the nature of prior similar crimes.
Court’s Reasoning
The Court of Appeals reasoned that a criminal defendant who testifies may be cross-examined on prior crimes and bad acts that bear on credibility. The Court cited People v. Sandoval, stating that prior crimes revealing a willingness to place self-interest ahead of principle are relevant to credibility. The Court emphasized the trial court’s discretion in making Sandoval rulings, noting that while there are risks of prejudice and deterrence, the trial court can minimize them by limiting the scope of cross-examination. The Court stated, “Measured against such precedents, which are plentiful, plainly the Appellate Division erred in requiring that cross-examination be limited to the mere existence of defendant’s prior convictions where prior crimes are similar to the pending charges.” It distinguished the present case from situations where a fixed rule would prohibit inquiry into similar crimes, concluding the trial court appropriately weighed concerns and limited the scope of permissible cross-examination. The court noted the possible unavailability of other witnesses increases the importance of the defendant’s credibility.