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People v. Ricotta

Appellate Division of the Supreme Court of New York, Second Department
Feb 10, 1986
117 A.D.2d 682 (N.Y. App. Div. 1986)

Opinion

February 10, 1986

Appeal from the County Court, Suffolk County (Rohl, J.).


Judgment affirmed.

Defendant was accused of acting in concert with one Curtis Craig to start a fire in a building occupied by defendant and his family. Craig, who testified at the trial, maintained that because defendant had admittedly started a previous fire at his former residence he needed an alibi and thus solicited Craig's assistance. Evidence of this previous fire was properly admitted into evidence with appropriate limiting instructions to establish defendant's motive in soliciting an accomplice (see, People v Schwartzman, 24 N.Y.2d 241, 246, cert denied 396 U.S. 846; People v. Connally, 105 A.D.2d 797, 797-798; People v. Vincek, 75 A.D.2d 412, 415).

In addition, such evidence was admissible because it was inextricably interwoven into the transaction forming the basis of the charge (see, People v. Vails, 43 N.Y.2d 364; People v. Gantz, 104 A.D.2d 692) and completed the narrative of the episode (see, People v. Gines, 36 N.Y.2d 932).

We have examined defendant's remaining contention and find it to be without merit. Lazer, J.P., Mangano, Brown and Kooper, JJ., concur.


Summaries of

People v. Ricotta

Appellate Division of the Supreme Court of New York, Second Department
Feb 10, 1986
117 A.D.2d 682 (N.Y. App. Div. 1986)
Case details for

People v. Ricotta

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. SALVATORE RICOTTA…

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

Date published: Feb 10, 1986

Citations

117 A.D.2d 682 (N.Y. App. Div. 1986)

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