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People v. Alston

Appellate Division of the Supreme Court of New York, Second Department
May 12, 2009
62 A.D.3d 807 (N.Y. App. Div. 2009)

Opinion

No. 2007-00611.

May 12, 2009.

Appeal by the defendant from a judgment of the Supreme Court, Richmond County (Rooney, J.), rendered January 12, 2007, convicting him of robbery in the first degree, upon a jury verdict, and imposing sentence.

Lynn W. L. Fahey, New York, N.Y. (Steven R. Bernhard of counsel), for appellant.

Daniel M. Donovan, Jr., District Attorney, Staten Island, N.Y., (Morrie I. Kleinbart and Anne Grady of counsel), for respondent.

Before: Spolzino, J.P., Santucci, Belen and Lott, JJ., concur.


Ordered that the judgment is affirmed.

The defendant was charged with committing seven different robberies. With respect to four of those robberies, witnesses testified that the masked perpetrator had robbed them at gunpoint, and placed all the money into a black bag. The People sought to admit evidence of an incident in which the unmasked defendant was caught at the scene of one of the robberies attempting to shoplift two cans of Red Bull energy drink, by placing the drinks into a black bag. The court allowed the testimony to be admitted and, upon his conviction of one of the seven robberies, the defendant appeals.

Although evidence of uncharged crimes is generally inadmissible, it can be admitted to establish, among other things, the defendant's identity ( see People v Molineux, 168 NY 264, 293; see also People v Vails, 43 NY2d 364, 368). Here, the Supreme Court properly found that the evidence of the defendant's use of a black bag demonstrated a unique modus operandi and, therefore, was probative of his identity as the perpetrator of the robberies, and that the probative value of the evidence outweighed any prejudicial effect ( see People v Clink, 32 AD3d 862, 862-863; People v Gordon, 308 AD2d 461; People v Wandoloski, 128 AD2d 568; cf. People v Robinson, 68 NY2d 541, 550).


Summaries of

People v. Alston

Appellate Division of the Supreme Court of New York, Second Department
May 12, 2009
62 A.D.3d 807 (N.Y. App. Div. 2009)
Case details for

People v. Alston

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JONAH ALSTON, Appellant

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

Date published: May 12, 2009

Citations

62 A.D.3d 807 (N.Y. App. Div. 2009)
2009 N.Y. Slip Op. 3913
878 N.Y.S.2d 441

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