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PEOPLE v. POWELL

44 A.D.2d 789 (1974)

The People of the State of New York, Respondent, v. Richard A. Powell, Appellant

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

May 7, 1974

The evidence claimed to have been erroneously admitted was properly before the jury. It described an incident that took place in the course of the commission of the crimes with which the defendant was charged. The fact that this incident constituted a crime not charged in the indictment does not make the proof inadmissible. What is forbidden by People v. Molineux (168 N.Y. 264), referred to in the dissent, is proof that defendant...

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