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People v. Underwood

Appellate Division of the Supreme Court of New York, Second Department
Nov 9, 1998
255 A.D.2d 405 (N.Y. App. Div. 1998)

Opinion

November 9, 1998

Appeal from the County Court, Orange County (Byrne, J.).


Ordered that the judgment is affirmed.

The defendant contends that he was denied a fair trial because the court improperly permitted the People to introduce evidence relating to the defendant's prior assaults against the complainant. We disagree. It is well settled that "where the evidence of prior, uncharged criminal conduct has a bearing upon a material aspect of the People's case other than the accused's general propensity toward criminality * * * the probative value of the evidence justifies its admission, notwithstanding the potential for incidental prejudice" ( People v. Santarelli, 49 N.Y.2d 241, 247; see also, People v. Alvino, 71 N.Y.2d 233). The defendant's contention notwithstanding, evidence that he previously assaulted the complainant was admissible to establish his motive and intent, and to refute his assertion that the complainant's injuries were accidental ( see, People v. Molineux, 168 N.Y. 264; People v. Hamid, 209 A.D.2d 716; People v. Montana, 192 A.D.2d 623; People v. Vita, 184 A.D.2d 742; People v. Carver, 183 A.D.2d 907).

Ritter, J. P., Thompson, Santucci and Joy, JJ., concur.


Summaries of

People v. Underwood

Appellate Division of the Supreme Court of New York, Second Department
Nov 9, 1998
255 A.D.2d 405 (N.Y. App. Div. 1998)
Case details for

People v. Underwood

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. LARRY UNDERWOOD…

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

Date published: Nov 9, 1998

Citations

255 A.D.2d 405 (N.Y. App. Div. 1998)
680 N.Y.S.2d 555

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