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People v. Smith

Appellate Division of the Supreme Court of New York, Fourth Department
Dec 20, 1989
156 A.D.2d 985 (N.Y. App. Div. 1989)

Opinion

December 20, 1989

Appeal from the Niagara County Court, DiFlorio, J.

Present — Dillon, P.J., Callahan, Denman, Balio and Lawton, JJ.


Judgment unanimously affirmed. Memorandum: Defendant contends that the trial court erred in admitting evidence of prior uncharged crimes. We disagree. The evidence of defendant's prior confrontations with the victim was relevant to establish defendant's motive (see, People v Mees, 47 N.Y.2d 997, 998; People v Moore, 42 N.Y.2d 421, 433, cert denied 434 U.S. 987; People v Connally, 105 A.D.2d 797; see also, People v Johnson, 149 A.D.2d 930, lv denied 73 N.Y.2d 1017). Further, from our review of the record, we conclude that the evidence was properly admitted because its probative worth exceeded its potential for prejudice (see, People v Hudy, 73 N.Y.2d 40; People v Alvino, 71 N.Y.2d 233, 242; People v Ely, 68 N.Y.2d 520, 529).

We have reviewed defendant's remaining contention and find it to be without merit.


Summaries of

People v. Smith

Appellate Division of the Supreme Court of New York, Fourth Department
Dec 20, 1989
156 A.D.2d 985 (N.Y. App. Div. 1989)
Case details for

People v. Smith

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JOHN LEE SMITH…

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

Date published: Dec 20, 1989

Citations

156 A.D.2d 985 (N.Y. App. Div. 1989)
549 N.Y.S.2d 275