PEOPLE v. ALVINO


71 N.Y.2d 233 (1987)

The People of the State of New York, Respondent, v. Charles Alvino, Appellant. The People of the State of New York, Appellant, v. Amalio Hernandez, Also Known as Amilio Hernandez, Respondent.

Court of Appeals of the State of New York.

Argued November 10, 1987

Decided December 17, 1987.


Attorney(s) appearing for the Case

Bertrand J. Kahn and Philip L. Weinstein for appellant in the first above-entitled action.

Robert M. Morgenthau, District Attorney (Mark Cammack and Mark Dwyer of counsel), for respondent in the first above-entitled action.

Robert M. Morgenthau, District Attorney (Deborah Hickey and Donald J. Siewert of counsel), for appellant in the second above-entitled action.

Eugene Feldman for respondent in the second above-entitled action.

Chief Judge WACHTLER and Judges KAYE, ALEXANDER and BELLACOSA concur with Judge SIMONS; Judge HANCOCK, JR., dissents in part and votes to modify in a separate opinion in which Judge TITONE concurs.


SIMONS, J.

These two unrelated appeals concern the admissibility, under the rule in People v Molineux (168 N.Y. 264), of evidence of prior crimes to establish intent in the prosecution of charges in which the gist of the offense is guilty knowledge. In People v Alvino, defendant was charged with issuing a false certificate (Penal Law § 175.40) and bribe receiving, second degree (Penal Law former...

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