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People v. Leach

Appellate Division of the Supreme Court of New York, Second Department
Mar 15, 1999
259 A.D.2d 633 (N.Y. App. Div. 1999)

Opinion

March 15, 1999

Appeal from the Supreme Court, Queens County (Hanophy, J.).


Ordered that the judgment is affirmed.

Contrary to the defendant's contention, the trial court properly permitted the People's witness to testify concerning a "business transaction" with the defendant on a streetcorner at 1:00 A.M. as it was probative on the issue of her identification of the defendant as the perpetrator of the subject crime. Evidence of uncharged crimes may be used to prove identity ( see, People v. Molineux, 168 N.Y. 264; see also, People v. Branch, 191 A.D.2d 576, affd 83 N.Y.2d 663). Moreover, any prejudice to the defendant was obviated by the court's limiting instruction immediately after the witness testimony regarding this encounter ( see, People v. Allweiss, 48 N.Y.2d 40, 49; People v. Brown, 249 A.D.2d 556).

The defendant's remaining contentions are either without merit or do not require reversal.

O'Brien, J. P., Ritter, Thompson and Goldstein, JJ., concur.


Summaries of

People v. Leach

Appellate Division of the Supreme Court of New York, Second Department
Mar 15, 1999
259 A.D.2d 633 (N.Y. App. Div. 1999)
Case details for

People v. Leach

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. PAUL LEACH, Appellant

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Mar 15, 1999

Citations

259 A.D.2d 633 (N.Y. App. Div. 1999)
687 N.Y.S.2d 646

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