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People v. Hinchey

Appellate Division of the Supreme Court of New York, Fourth Department
Jan 22, 1982
86 A.D.2d 748 (N.Y. App. Div. 1982)

Opinion

January 22, 1982

Appeal from the Erie County Court, Wolfgang, J.

Present — Simons, J.P., Hancock, Jr., Doerr, Denman and Schnepp, JJ.


Judgment unanimously affirmed. Memorandum: While it was error to permit testimony of uncharged crimes, reversal is not warranted. The criminal activity testified to was not related to the crime charged and the improper testimony was limited to a single, isolated statement by the witness (see People v. Kelly, 38 A.D.2d 1004). In view of the overwhelming proof of defendant's guilt, there is no significant probability that, but for the error, the jury would have acquitted ( People v Crimmins, 36 N.Y.2d 230, 242, 243). We have examined the other contentions raised by defendant and find them to be without merit.


Summaries of

People v. Hinchey

Appellate Division of the Supreme Court of New York, Fourth Department
Jan 22, 1982
86 A.D.2d 748 (N.Y. App. Div. 1982)
Case details for

People v. Hinchey

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JOHN HINCHEY, Appellant

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

Date published: Jan 22, 1982

Citations

86 A.D.2d 748 (N.Y. App. Div. 1982)

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