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PEOPLE v. NOGUERAS

196 A.D.2d 448 (1993)

601 N.Y.S.2d 289

The People of the State of New York, Respondent, v. William Nogueras, Appellant

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

August 19, 1993

We find that the probative value of the complaining witness' testimony that he saw defendant pass "some vials", which he surmised contained a "substance", thereby implying defendant's commission of an uncharged crime, outweighed any possible prejudice to the defendant. Since identification of the defendant was based solely upon the testimony of the complaining witness and was the crucial issue in the case, the precise circumstances...

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