PEOPLE v. TORRES


215 A.D.2d 702 (1995)

628 N.Y.S.2d 121

The People of the State of New York, Respondent, v. Paul Torres, Appellant

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

May 22, 1995


Ordered that the judgment is affirmed.

Evidence of the defendant's prior arrest for drug-related offenses was improperly admitted by the trial court under the identity and common-scheme-or-plan exceptions to the rule enunciated in People v Molineux (168 N.Y. 264). The defendant's identity was conclusively established at trial, and the method of committing the crime was not sufficiently unique to qualify as proof of a common scheme or plan (see, People...

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