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People v. Berger

Appellate Division of the Supreme Court of New York, Fourth Department
Nov 15, 1989
155 A.D.2d 951 (N.Y. App. Div. 1989)

Opinion

November 15, 1989

Appeal from the Monroe County Court, Wisner, J.

Present — Boomer, J.P., Green, Pine, Balio and Davis, JJ.


Judgment unanimously affirmed. Memorandum: On appeal from a conviction for insurance fraud, defendant's primary claim is that the court erred in admitting evidence of uncharged crimes. We disagree. The testimony of two associates of the defendant that he participated in similar schemes to defraud was admissible to establish defendant's motive and intent relative to the incident charged in the indictment (see, People v Allweiss, 48 N.Y.2d 40, 47; People v Schwartzman, 24 N.Y.2d 241, 247-248; People v Molineux, 168 N.Y. 264). The court properly concluded that the probative value of such testimony outweighed whatever prejudice defendant might suffer (see, People v Ventimiglia, 52 N.Y.2d 350, 359-360) and repeatedly admonished the jury of the limited purpose for admitting such evidence (see, People v Lawson, 124 A.D.2d 853, 854, lv denied 69 N.Y.2d 829). We have considered the remaining claims raised by assigned counsel and defendant pro se and find that each one lacks merit.


Summaries of

People v. Berger

Appellate Division of the Supreme Court of New York, Fourth Department
Nov 15, 1989
155 A.D.2d 951 (N.Y. App. Div. 1989)
Case details for

People v. Berger

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. RICHARD BERGER…

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

Date published: Nov 15, 1989

Citations

155 A.D.2d 951 (N.Y. App. Div. 1989)
548 N.Y.S.2d 124

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