From Casetext: Smarter Legal Research

People v. Lunsford

Appellate Division of the Supreme Court of New York, Second Department
Nov 17, 1997
244 A.D.2d 507 (N.Y. App. Div. 1997)

Opinion

November 17, 1997

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


Ordered that the judgment is affirmed.

The defendant's conviction arises from his possession of a loaded handgun which was recovered after a police stop of his vehicle. At trial, the court permitted the prosecutor, over objection, to play an audio tape of the 911 emergency telephone call which formed the basis for the subsequent radio transmission alerting the arresting officer that shots had been fired from the defendant's vehicle. On appeal, the defendant contends that the court erred in admitting the 911 audio tape into evidence because it contained prejudicial references to uncharged crimes. We agree. Although the introduction of limited background evidence is proper where necessary to complete the narrative of events and to assist the jury in understanding the crime ( see, People v. Gines, 36 N.Y.2d 932; People v. Stanard, 32 N.Y.2d 143, 146; People v. Hamid, 209 A.D.2d 716), the crime charged here was unambiguous, and the minimal probative value of the 911 audio tape was outweighed by its potentially prejudicial impact ( see, People v. Figueroa, 211 A.D.2d 811; People v. Stevenson, 179 A.D.2d 832; People v. Tucker, 102 A.D.2d 535). However, in view of the overwhelming evidence of the defendant's guilt, and the court's extensive instructions to the jury concerning the limited purpose of the evidence of the uncharged crimes, we find this error to be harmless ( see, People v. Crimmins, 36 N.Y.2d 230; People v. Jones, 182 A.D.2d 708; People v. Stevenson, supra).

Rosenblatt, J. P., Ritter, Krausman and Florio, JJ., concur.


Summaries of

People v. Lunsford

Appellate Division of the Supreme Court of New York, Second Department
Nov 17, 1997
244 A.D.2d 507 (N.Y. App. Div. 1997)
Case details for

People v. Lunsford

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. IRA LUNSFORD, Appellant

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

Date published: Nov 17, 1997

Citations

244 A.D.2d 507 (N.Y. App. Div. 1997)
664 N.Y.S.2d 107

Citing Cases

People v. Smith

Defendant did not make any admissions during the 1 ½-hour interview, and the interviewing detective made…

People v. Ramsey

The evidence was properly admitted as relevant background material to enable the jury to understand the…