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PEOPLE v. ROBINSON

68 N.Y.2d 541 (1986)

The People of the State of New York, Respondent, v. John R. Robinson, Appellant.

Court of Appeals of the State of New York.

Decided December 18, 1986.

Attorney(s) appearing for the Case

William J. Comiskey for appellant.

Sol Greenberg, District Attorney (George H. Barber and Cheryl F. Coleman of counsel), for respondent.

Chief Judge WACHTLER and Judges SIMONS, KAYE, ALEXANDER, TITONE and HANCOCK, JR., concur.

MEYER, J.

For other crime evidence to be admissible on the issue of identity, the identity of defendant as the perpetrator of the other crime, if not conceded or previously adjudicated, must be established by clear and convincing evidence. Because the only evidence connecting defendant with a prior bank robbery — the similarity of some of the clothing worn and...

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