CPLR 4513 permits the credibility of a witness to be tested during cross-examination by the use of his or her prior convictions of a crime.1 It provides as follows:
A person who has been convicted of a crime is a competent witness; but the conviction may be proved, for the purpose of affecting the weight of his testimony, either by cross-examination, upon which he shall be required to answer any relevant question, or by the record. The party cross-examining is not concluded by such person's answer.
For purposes of this provision, a "crime" encompasses all felonies and misdemeanors, drawing no distinction between felonies or misdemeanors that directly implicate credibility, e.g., perjury, and those that may not, e.g., DWI.2 While this provision by its terms permits the conviction to be "proved," it is silent as to whether a trial court possesses discretion to exclude or limit proof of a conviction that is otherwise admissible. Nonetheless, the Appellate Divisions have consistently held a trial court has discretion to control, including exclude, the use of a conviction for impeachment purposes.3
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