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PEOPLE v. SANCHEZ

154 A.D.2d 15 (1990)

The People of the State of New York, Respondent, v. Nicky Sanchez, Appellant

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

February 15, 1990

Attorney(s) appearing for the Case

Kerry Elgarten of counsel (Philip L. Weinstein, attorney), for appellant.

Susan Corkery of counsel (Phyllis A. Monroe with her on the brief; Robert M. Morgenthau, District Attorney, attorney), for respondent.

ROSENBERGER and ELLERIN, JJ., concur with CARRO, J.; ASCH, J., and SULLIVAN, J. P., dissent in a separate opinion by ASCH, J.

CARRO, J.

In this case, we are presented with the question of whether testimony regarding an unrelated but allegedly similar crime may be introduced in order to show modus operandi and identity, where defendant's identity is removed from issue.

The Instant (Consolazio) Case

The complainant in the instant case, Marilyn Pizzaro Consolazio, testified that in early April 1986, she was entering...

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