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PEOPLE v. ORTIZ

156 A.D.2d 77 (1990)

The People of the State of New York, Respondent, v. Santos Ortiz, Appellant

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

April 17, 1990

Attorney(s) appearing for the Case

Mitchell S. Brill of counsel (Deborah L. Morse with him on the brief; Robert M. Morgenthau, District Attorney, attorney), for respondent.

Alexandra Cury of counsel (Philip L. Weinstein, attorney), for appellant.

MURPHY, P. J., SULLIVAN, MILONAS and KASSAL, JJ., concur.

WALLACH, J.

This conviction for robbery and larceny must be reversed because in the course of the trial prejudicial evidence was received against defendant pertaining to a prior robbery attempt, which was then improperly utilized to demonstrate defendant's propensity to commit the crime with which he was charged (People v Fiore, 34 N.Y.2d 81; see, People v...

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