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PEOPLE v. HERRERA

245 A.D.2d 12 (1997)

665 N.Y.S.2d 643

The People of the State of New York, Respondent, v. Juan Herrera, Appellant

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

December 2, 1997

The court properly admitted testimony that defendant made a threatening gesture to a prosecution witness during a break in that witness's testimony (People v Plummer, 36 N.Y.2d 161). The throat-slitting gesture was highly probative of defendant's consciousness of guilt and was admissible irrespective of the possibility of innocent explanations (People v Yazum, 13 N.Y.2d 302).

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