PEOPLE v. MARTINEZ


278 A.D.2d 146 (2000)

718 N.Y.S.2d 58

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JOSE MARTINEZ, Appellant.

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

Decided December 21, 2000.


Evidence of uncharged crimes was properly admitted. The other robberies were sufficiently similar to the instant crime to be probative of defendant's identity, particularly because they involved defendant's use of the same distinctive nickname. Moreover, the prejudicial effect of the other crimes was minimized by the fact that this was a nonjury trial where the trier of facts is presumed capable of disregarding prejudicial aspects of evidence (see, People v Moreno,

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