dissenting.
In State v. Sands, 76 N.J. 127 (1978), we held that N.J.S.A. 2A:81-12 did not set down a wooden rule that the conviction of a crime may always be introduced into evidence to affect the credibility of any witness. Rather, the applicability of the statute in any given case depended on the nature of the crime for which the witness had been convicted, its remoteness and the *548danger of prejudice, delay or confusion. In Sands we also noted that, because of the statute, ordinarily evidence of prior convictions should be admitted and placed the burden of justifying exclusion on the party seeking preclusion. We observed that whether the evidence should be admitted rested within the sound discretion of the trial judge, who should utilize the standards of Evid.R. 4: is the probative value “substantially outweighed by the risk that its admission will either (a) necessitate undue consumption of time or (b) create substantial danger of undue prejudice or of confusing the issues or of misleading the jury”?
The prior convictions in Sands implicated the defendant and our discussion centered upon that particular circumstance. However, there is no reason why the Sands’ principle is not equally applicable to prior convictions of witnesses other than the defendant. State v. Harkins, 177 N.J.Super. 397 (App.Div.1981). N.J.S.A. 2A:81-12 contains no limitation. The statute by its terms refers to convictions affecting the credibility of “any witness. . . . ” (emphasis supplied).
One significant different factor comes into play in applying the Sands’ standard when the defendant is the witness. That is the tendency of the jury to believe that, because of the conviction, the defendant has a criminal disposition. Though that element is not present when the State’s witness is being challenged, the possible prejudice to the State’s case should be assessed by the trial court when exercising its judgment. The prejudice to the State, though not so readily manifest as in the case of a defendant, is no less real.
In making these evaluations, the trial court has been entrusted with a wide latitude of judgment. 76 N.J. at 144. Moreover, on appeal, the trial court’s conclusion will not be upset unless there has been an abuse of that discretion. There must be a clear error of judgment. In other words, a reversing appellate court must find that the trial “court’s ruling [has strayed] far enough from the mark to become reversible error.” Hager v. Weber, 7 N.J. 201, 214 (1951) (Case, J. concurring).
*549“Discretion” means when it is said that something is to be done within the discretion of the authorities and that that something is to be done according to the rules of reason and justice, not according to private opinion; according to law, and not humour. It is to be, not arbitrary, vague, and fanciful, but legal and regular. And it must be exercised within the limit, to which an honest man competent to the discharge of his office ought to confine himself. [Lord Halsbury, L.C., Sharp v. Wakefield [1891] A.C. 173, 179]
The trial court in this case applied the controlling law. See excerpt from the trial court’s opinion quoted at length in Judge Fritz’s dissent in the Appellate Division below, 179 N.J.Super. 14, 26 (1981). The trial court excluded an eight-year-old conviction for possession of narcotics of one witness, who had no subsequent convictions, and a five-year-old conviction for the same offense of the second witness, who had a subsequent minor violation of probation. Neither conviction directly implicated the witnesses’ veracity. Introduction of the convictions could have had a prejudicial impact on the State’s case. A judge could reasonably conclude that the jury might improperly infer lack of credibility from infractions unrelated to veracity and honesty or might give inappropriate weight to these crimes committed so many years before the proceedings at issue. Under these circumstances, I am not satisfied that the trial court’s determination was so wide of the mark that appellate intervention was justified.
I would reverse.
Justice POLLOCK joins in this opinion.
For affirmance —Chief Justice WILENTZ and Justices CLIFFORD, HANDLER and O’HERN — 4.
For reversal — Justices SCHREIBER and POLLOCK — 2.