People State New York v. Michael Matthews

[68 N.Y.2d 118 Page 120] Opinion OF THE COURT The defendant has been convicted, after a jury trial, of robbery and related offenses in connection with a hold-up of a bar. The Appellate Division affirmed the conviction and the defendant appeals. The defendant's primary contention is that he was denied a fair trial when the prosecutor cross-examining him made a ""surprise inquiry"" concerning an unrelated robbery in another State. The defendant urges that we re-examine the rule announced in People v Sandoval (34 N.Y.2d 371) and shift the burden to the prosecutor of obtaining prior court approval before questioning a defendant about unrelated criminal acts.