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People v. Moore

Appellate Division of the Supreme Court of New York, Second Department
Jul 21, 1986
122 A.D.2d 232 (N.Y. App. Div. 1986)

Opinion

July 21, 1986

Appeal from the Supreme Court, Kings County (Kramer, J.).


Judgment affirmed.

Physical evidence which has been sufficiently connected with a defendant such that its relevance to the issues in the case is established is properly admissible, "as is any other evidence which is relevant to an issue in the prosecution" (People v Mirenda, 23 N.Y.2d 439, 453). In the instant case, the knife used to stab the victim was distinctive in that it had a wooden handle and a blade which was bent or twisted. During the course of the trial, the victim, the arresting officer and an eyewitness to the stabbing all identified the knife and testified as to its distinctive appearance. Moreover, the eyewitness removed the knife from defendant's back pocket at the scene where the attack had just occurred. These facts established a sufficient nexus between the knife and the defendant such that no error was committed in permitting its introduction at trial as real evidence (see, People v Flammer, 106 A.D.2d 398; People v Simmons, 99 A.D.2d 880).

The trial court properly allowed the People to introduce evidence of a prior confrontation between the defendant and the victim for the limited purpose of showing the defendant's motive and intent. The introduction of said evidence was for a purpose directly related to the issues in the case and not for the collateral purpose of establishing a propensity on the part of the defendant to commit the crime charged (see, People v Sims, 110 A.D.2d 214, 221). The trial court immediately instructed the jury as to the limited purpose of the subject evidence and reiterated those instructions in the course of its charge. These instructions sufficed to overcome any potential prejudice to defendant (see, People v Burnell, 112 A.D.2d 1089). Mangano, J.P., Brown, Weinstein and Spatt, JJ., concur.


Summaries of

People v. Moore

Appellate Division of the Supreme Court of New York, Second Department
Jul 21, 1986
122 A.D.2d 232 (N.Y. App. Div. 1986)
Case details for

People v. Moore

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. MICHAEL MOORE…

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

Date published: Jul 21, 1986

Citations

122 A.D.2d 232 (N.Y. App. Div. 1986)

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