Opinion
April 14, 1952.
Judgments of the County Court, Queens County, convicting appellants of the crimes of robbery in the first degree, grand larceny in the first degree and assault in the second degree, reversed on the law and a new trial ordered. Appeals from sentences dismissed. On cross-examination of appellant Courtright, the District Attorney was entitled to examine the witness as to immoral or criminal acts, and thereunder to ask whether the witness committed acts of prostitution or introduced the People's witness to immoral practices. Such matters are admissible for the purpose of impeaching credibility and are purely collateral. Upon receiving the witness' answers the examination should have ceased; no further impeachment of the witness along the same lines should have been permitted in rebuttal. In view of the testimony offered by appellants, the court should have charged assault in the third degree. Furthermore, it was error to proceed with the trial in the absence of counsel for defendant Fritz and to assign the same attorney to represent both defendants, whose interests under the facts alleged were in conflict. Appeal from order denying motion for a new trial, on the ground of newly discovered evidence, dismissed. Carswell, Acting P.J., Johnston, Adel, Wenzel and MacCrate, JJ., concur.