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THE PEOPLE &C., RESPONDENT, v. HENRY COOPER, APPELLANT.

92 N.Y.2d 968, 706 N.E.2d 745, 683 N.Y.S.2d 757 (1998).
November 20, 1998

1 No. 199 SSM 9

[98 NY Int. 0146]
Decided November 20, 1998


This opinion is uncorrected and subject to revision before publication in the New York Reports.

Submitted by Laura Lieberman Cohen, for appellant.
Submitted by Maura E. Daly, for respondent.

MEMORANDUM:

The order of the Appellate Division should be affirmed.

Defendant opened the door to cross examination regarding his motivation for prior guilty pleas and was subject to impeachment by the People's use of the otherwise precludedevidence ( People v Fardan, 82 NY2d 638, 646). We note that in this case unlike in People v Moore (92 NY2d 823) where the defendant's statements were vague and equivocal defendant's testimony was meant to elicit an incorrect jury inference that he had pled guilty and served prison terms in prior cases, but that he would not plead guilty in this case because he was in fact innocent.

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On review of submissions pursuant to section 500.4 of the Rules, order affirmed, in a memorandum. Chief Judge Kaye and Judges Bellacosa, Smith, Levine, Ciparick and Wesley concur.

Decided November 20, 1998