Opinion
Argued May 2, 1980
Decided June 10, 1980
Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department, THEODORE DACHENHAUSEN, J.
Stewart E. Sterk for appellant.
Carl A. Vergari, District Attorney (Lois A. Cullen and Gerald D. Reilly of counsel), for respondent.
MEMORANDUM.
The order of the Appellate Division should be affirmed for the reasons stated in the opinion by Presiding Justice MILTON MOLLEN at the Appellate Division. In addition we would note that we do not agree with the defendant that every error which improperly curtails a defendant's right to cross-examine a prosecution witness with respect to prior criminal acts is per se reversible error. That would be particularly inappropriate in cases such as this, where the witnesses' prior criminal history was extensively explored on cross-examination although not totally or definitively set forth as the defendant may have wished.
Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and MEYER concur.
Order affirmed in a memorandum.