PEOPLE v. PEEK


40 N.Y.2d 920 (1976)

The People of the State of New York, Respondent, v. Ronald Peek, Appellant.

Court of Appeals of the State of New York.

Decided November 16, 1976.


Attorney(s) appearing for the Case

Gerald Zuckerman for appellant.

Robert M. Morgenthau, District Attorney (Edward Agnew McDonald and Peter L. Zimroth of counsel), for respondent.

Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and COOKE concur in memorandum.


MEMORANDUM.

Order of the Appellate Division affirmed. The closeness in time (two or three days before the instant offense), the substantial identity of place, and the similarity of the shooting from the same automobile made admissible the prior uncharged offense. Such coincidence of time, place, and pattern of conduct established a sufficient probability to negative the suggested inference that defendant was a victim rather...

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