Opinion
November 15, 1985
Appeal from the Supreme Court, Erie County, Ostrowski, J.
Present — Callahan, J.P., Denman, Boomer, Green and Pine, JJ.
Judgment unanimously affirmed. Memorandum: Defendant, who was convicted of criminal possession of stolen property in the second degree, argues that it was error to admit evidence at trial which was the subject of another pending indictment. The evidence was probative of defendant's knowledge that the property was stolen, an element of criminal possession of stolen property (Penal Law § 165.45), and we find that its probative value outweighed any potential prejudice (People v Allweiss, 48 N.Y.2d 40, 47). Although we find some prosecutorial misconduct, we do not find that defendant was thereby deprived of a fair trial (People v Hopkins, 58 N.Y.2d 1079, 1083). We have examined defendant's other arguments and find them to be without merit.