Opinion
2013-12-12
The PEOPLE, etc., Respondent, v. Ariel MYERS, Appellant.
Eugene P. Grimmick, Troy, for appellant. Richard J. McNally, Jr., District Attorney, Troy (Roman Griffith of counsel), for respondent.
Eugene P. Grimmick, Troy, for appellant. Richard J. McNally, Jr., District Attorney, Troy (Roman Griffith of counsel), for respondent.
MEMORANDUM:
The order of the Appellate Division should be reversed and a new trial ordered.
Under the facts of this case, the admission of evidence of an uncharged crime allegedly committed by defendant for the purpose of establishing defendant's identity constituted an abuse of discretion ( see People v. Robinson, 68 N.Y.2d 541, 549–550, 510 N.Y.S.2d 837, 503 N.E.2d 485 [1986];People v. Molineux, 168 N.Y. 264, 293, 61 N.E. 286 [1901] ). Because the evidence of defendant's guilt is not overwhelming, the error is not harmless. Chief Judge LIPPMAN and Judges GRAFFEO, READ, SMITH, PIGOTT, RIVERA and ABDUS–SALAAM concur.
On review of submissions pursuant to section 500.11 of the Rules, order reversed and a new trial ordered, in a memorandum.