The court properly admitted testimony that, two weeks prior to his murder, the deceased pointed out defendant to the witness, his fiancée, and identified him as a person with whom he had been involved in an argument. As the court carefully instructed the jury, this evidence was not received to prove the truth of the matter asserted, but rather to show the effect it had on the ability of the witness to accurately identify defendant (see, People v Haywood,
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PEOPLE v. SOTO
278 A.D.2d 112 (2000)
719 N.Y.S.2d 1
THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ALBERT SOTO, Appellant.
Appellate Division of the Supreme Court of the State of New York, First Department.https://leagle.com/images/logo.png
Decided December 19, 2000.
Decided December 19, 2000.
Appellate Division of the Supreme Court of the State of New York, First Department.
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