PEOPLE v. CONDON


30 A.D.2d 845 (1968)

The People of the State of New York, Respondent, v. Lawrence James Condon, Appellant

Appellate Division of the Supreme Court of the State of New York, Second Department.

July 15, 1968


Reversed, on the law and the facts, and new trial ordered.

The People introduced evidence of a crime committed by defendant other than the crime charged in the indictment. The justification urged for the introduction of evidence of this crime was that it came within the "identity" exception, as enunciated in People v. Molineux (168 N.Y. 264), to the general rule that the People cannot prove against a defendant any crime not alleged in the indictment. That exception...

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