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PEOPLE v. CORREAL

160 A.D.2d 85 (1990)

The People of the State of New York, Respondent, v. Domingo Correal, Also Known as Correal Domingo, Appellant

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

August 9, 1990

Attorney(s) appearing for the Case

James M. McGuire of counsel (Norman Barclay and Eleanor J. Ostrow on the brief; Robert M. Morgenthau, District Attorney, attorney), for respondent.

Winston McIntosh of counsel (Philip L. Weinstein, attorney), for appellant.

SULLIVAN, ELLERIN and SMITH, JJ., concur with CARRO, J.; KUPFERMAN, J. P., dissents in an opinion.

CARRO, J.

Justice, as well as law, requires a criminal conviction to be based upon evidence establishing beyond a reasonable doubt that the accused committed the specific crime or crimes of which he has been formally charged and tried, and not upon evidence showing that he has a propensity to commit the type of criminal conduct at issue. In the case at bar, defendant stood accused of crimes arising out of an...

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