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PEOPLE v. PRIESTER

255 A.D.2d 222 (1998)

681 N.Y.S.2d 243

The People of the State of New York, Respondent, v. Bruce Priester, Appellant

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

November 19, 1998

Testimony concerning defendant's talk of killing an eyewitness, the prosecutor and defendant's prior attorney during defendant's aborted first trial was properly admitted as evidence of defendant's consciousness of guilt (People v Herrera, 245 A.D.2d 12, lv denied 92 N.Y.2d 853). The probative value of this evidence outweighed its prejudicial effect.

The court properly exercised its discretion when it denied defendant...

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