Opinion
2014-05-9
The PEOPLE of the State of New York, Respondent, v. Orado N. GRAHAM, Defendant–Appellant.
Timothy P. Donaher, Public Defender, Rochester (Janet C. Somes of Counsel), for Defendant–Appellant. Sandra Doorley, District Attorney, Rochester (Amanda L. Dreher of Counsel), for Respondent.
Timothy P. Donaher, Public Defender, Rochester (Janet C. Somes of Counsel), for Defendant–Appellant. Sandra Doorley, District Attorney, Rochester (Amanda L. Dreher of Counsel), for Respondent.
PRESENT: SCUDDER, P.J., FAHEY, LINDLEY, VALENTINO, and WHALEN, JJ.
MEMORANDUM:
Defendant appeals from a judgment convicting him upon a jury verdict of, inter alia, criminal possession of a controlled substance in the third degree (Penal Law § 220.16[1] ). Contrary to defendant's contention, County Court properly admitted uncharged crimes as Molineux evidence on the People's direct case because that evidence was relevant with respect to defendant's intent to sell the controlled substance in his possession ( see§ 220.16[1] ), and we conclude that its probative value outweighed any prejudice ( see People v. Ray, 63 A.D.3d 1705, 1706, 880 N.Y.S.2d 837,lv. denied13 N.Y.3d 838, 890 N.Y.S.2d 454, 918 N.E.2d 969;People v. Carson, 4 A.D.3d 805, 806, 771 N.Y.S.2d 775,lv. denied2 N.Y.3d 797, 781 N.Y.S.2d 296, 814 N.E.2d 468). Furthermore, the court gave a limiting instruction that minimized any prejudicial effect ( see People v. Rogers, 103 A.D.3d 1150, 1153, 958 N.Y.S.2d 835,lv. denied21 N.Y.3d 946, 968 N.Y.S.2d 8, 990 N.E.2d 142). Even assuming, arguendo, that the court erred in admitting such evidence, we conclude that the error is harmless. The evidence of defendant's guilt is overwhelming, and there is no significant probability that defendant would have been acquitted but for the error ( see People v. Laws, 27 A.D.3d 1116, 1117, 812 N.Y.S.2d 200,lv. denied7 N.Y.3d 758, 819 N.Y.S.2d 883, 853 N.E.2d 254;see generally People v. Crimmins, 36 N.Y.2d 230, 241–242, 367 N.Y.S.2d 213, 326 N.E.2d 787).
It is hereby ORDERED that the judgment so appealed from is unanimously affirmed.