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People v. Burton

Appellate Division of the Supreme Court of New York, Second Department
Feb 5, 1996
224 A.D.2d 438 (N.Y. App. Div. 1996)

Opinion

February 5, 1996

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


Ordered that the judgment is affirmed.

We find unpersuasive the defendant's contention that the trial court erred in permitting the prosecution to elicit testimony regarding an uncharged crime consisting of an attempted robbery and in admitting certain portions of the defendant's statements which concerned uncharged crimes. The challenged testimony was relevant to the identification of the defendant (see, People v Ventimiglia, 52 N.Y.2d 350; People v. Hazel, 203 A.D.2d 478) and necessary to complete the narrative (see, People v. Sceravino, 193 A.D.2d 824; People v. Smith, 203 A.D.2d 603). The portions of the defendant's statements were admissible because they were relevant to motive (see, People v. McDowell, 191 A.D.2d 515).

Additionally, the trial court provided the jury with appropriate limiting instructions regarding the defendant's uncharged crimes.

The defendant's remaining contention is without merit. O'Brien, J.P., Sullivan, Copertino and Joy, JJ., concur.


Summaries of

People v. Burton

Appellate Division of the Supreme Court of New York, Second Department
Feb 5, 1996
224 A.D.2d 438 (N.Y. App. Div. 1996)
Case details for

People v. Burton

Case Details

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

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

Date published: Feb 5, 1996

Citations

224 A.D.2d 438 (N.Y. App. Div. 1996)
638 N.Y.S.2d 324

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