PEOPLE v. HEMINGWAY


240 A.D.2d 328 (1997)

662 N.Y.S.2d 755

The People of the State of New York, Respondent, v. Curtis Hemingway, Appellant

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

June 26, 1997


Defendant was convicted of burglary in the third degree based upon his participation as a lookout in the theft of merchandise from a truck parked on a street. One officer's comment that the shopkeepers in the area knew defendant and his codefendant and knew that they stole constituted inadmissible hearsay as well as uncharged crimes evidence with no probative value except as to criminal propensity. This remark was highly prejudicial, despite the court's curative instruction...

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