This case involves the issue of whether the defendant “opened the door” to extrinsic evidence of prior larcenous misconduct when she denied, on direct examination, that she had ever taken anything from anyone’s home other than on one previous occasion. After a jury trial, the defendant was convicted of larceny in the first degree, a violation of General Statutes § 53a-122 (a) (2), based on her wrongful taking on October 5,1982, of over $10,000 worth of jewelry from Beatrice Goodrich, an invalid for whom she worked as a nurse’s aid. The defendant appeals from the judgment of conviction rendered on the verdict claiming that the trial court committed reversible error by allowing the state to impeach her by extrinsic evidence of welfare fraud and by authorizing the jury in its charge to consider that testimony.
The defendant’s claims arose in the following factual context. At trial, the state introduced evidence during its case-in-chief that on August 7,1981, the defendant took jewelry from Edna Hart, another invalid for whom she had worked as a nurse’s aide. While presenting her case, the defendant testified on direct examination and admitted the 1981 theft, but denied that in the seventeen years of her career as a nurse’s aide she had ever taken anything from any other home before the incident
On cross-examination, over the objection of defense counsel that the testimony went to a collateral issue, the state was allowed to ask the defendant about working for Nurse Registry, Incorporated, while receiving state welfare and about filling out state welfare forms as to where she was working between 1980 and August, 1982. The defendant admitted that she received welfare while working on and off from 1980 to August, 1982. She claimed, however, that she told the department of income maintenance about all sources of income and that she did not make any false representations.
In its rebuttal case, the state offered Trooper John Donahue as a witness to testify that the defendant had been involved in four welfare redetermination interviews and that she had not mentioned her work for Nurse Registry, Incorporated, during any of the interviews. The defendant objected. The trial court found that on direct examination the defendant had testified that she had not taken anything from anyone during seventeen or eighteen years of her nursing career prior to 1981, and that she had claimed that the only time she had taken anything was the item taken in 1981. On cross-examination she had claimed to have given full disclosure of her work history to the department of income maintenance. The court concluded, based on these findings, that Donahue’s proffered testimony was in direct contradiction to that given by the defendant and, accordingly, it overruled the objection. The defendant excepted on the grounds of relevancy and materiality. Donahue then testified that department of income maintenance records showed that the defendant had
The defendant first argues that the trial court erred in allowing the state to introduce extrinsic evidence to show a prior act of misconduct, the alleged welfare fraud. The state claims that this claim is not reviewable because the defendant did not distinctly object to admission of the testimony at trial. We disagree with the state’s argument. “Evidentiary rulings ordinarily must be preserved for appellate review by an exception. State v. Hoffler,
It is beyond dispute that a witness may be impeached by specific acts of misconduct which relate to veracity, but not by those that merely illustrate general bad behavior. State v. Roma,
The state does not dispute that extrinsic evidence is generally inadmissible to prove particular acts of misconduct where those acts are offered solely for impeachment. Rather, it urges this court to create an exception to this long standing rule by holding that extrinsic evidence on a topic may be introduced where the defendant "opens the door” to that evidence by testifying about it on direct. In support of its argument, the state
As discussed above, our Supreme Court has repeatedly held that acts of misconduct may not be proved extrinsically. State v. Crane,
Having found that the trial court erred, we now consider whether these errors were harmful to the defendant. Where, as here, the error is not of constitutional dimension; see State v. Smith,
There is no error.
In this opinion the other judges concurred.
Notes
The defendant also claims that the testimony should not have been admitted because she was not convicted of “welfare fraud” and, therefore, any fraud was “non-existent.” This ground for excluding the evidence, however, was not raised at the trial level. Additionally, the defendant has not made a sufficient showing that she was deprived of a fundamental right and a fair trial so as to persuade this court to invoke its “principled appellate discretion”; State v. Cosby,
