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People v. Ramos

Appellate Division of the Supreme Court of New York, Second Department
Nov 7, 1994
209 A.D.2d 448 (N.Y. App. Div. 1994)

Opinion

November 7, 1994

Appeal from the Supreme Court, Queens County (Giaccio, J.).


Ordered that the judgment is affirmed.

Two police officers saw the defendant holding a large silver handgun. They observed the defendant as he knelt down and placed this handgun on top of the front passenger tire of a nearby vehicle. The officers recovered this handgun, as well as a second one which had been concealed in the same location. The defendant was later arrested, tried, and convicted of two counts of criminal possession of a weapon in the third degree.

The defendant argues that it was error to permit one of the police witnesses to testify that he had encountered the defendant on 150 prior occasions. We agree with the People that this testimony was relevant to the issue of identity, and did not necessarily implicate the defendant in prior uncharged criminal conduct. The potential for prejudice implicit in this testimony did not outweigh its probative value (cf., People v. Hudy, 73 N.Y.2d 40).

We have examined the defendant's remaining contentions and find them to be without merit. Bracken, J.P., Santucci, Krausman and Goldstein, JJ., concur.


Summaries of

People v. Ramos

Appellate Division of the Supreme Court of New York, Second Department
Nov 7, 1994
209 A.D.2d 448 (N.Y. App. Div. 1994)
Case details for

People v. Ramos

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. FRANKLIN RAMOS…

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

Date published: Nov 7, 1994

Citations

209 A.D.2d 448 (N.Y. App. Div. 1994)
618 N.Y.S.2d 454

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