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PEOPLE v. KENNEDY

27 N.Y.2d 551 (1970)

The People of the State of New York, Respondent, v. Jerome Kennedy and John Cunningham, Appellants.

Court of Appeals of the State of New York.

Decided May 28, 1970.

Attorney(s) appearing for the Case

Mark E. Arroll for Jerome Kennedy, appellant.

Matthew Muraskin, James J. McDonough and Francis J. Valentino for John Cunningham, appellant.

William Cahn, District Attorney (Henry P. DeVine of counsel), for respondent.

Chief Judge FULD and Judges BURKE, SCILEPPI, BERGAN, BREITEL, JASEN and GIBSON concur.

MEMORANDUM.

The introduction, over timely objection, of evidence of similar unrelated crimes was not error since the modus operandi was sufficiently unique, and thus properly admitted, to bear on the issue of identity (People v. Condon, 26 N.Y.2d 139; People v. Molineux, 168 N.Y. 264). As to the unresponsive statements of two witnesses that they had made pretrial identifications...

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