PEOPLE v. PENA-MARTINEZ


206 A.D.2d 858 (1994)

614 N.Y.S.2d 850

The People of the State of New York, Respondent, v. Hector Pena-Martinez, Appellant

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

July 15, 1994


Judgment unanimously reversed on the law and new trial granted.

Memorandum:

Supreme Court erred in admitting testimony concerning uncharged conduct of defendant and in refusing to conduct a Ventimiglia hearing prior to receipt of that testimony. An undercover officer testified that, on June 20, 1990, he purchased a quantity of cocaine from a person called Mimi; that defendant was present in the kitchen of Mimi's apartment where the transaction occurred...

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