PEOPLE v. ROJAS


97 N.Y.2d 32 (2001)

760 N.E.2d 1265

735 N.Y.S.2d 470

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ENRIQUE ROJAS, Appellant.

Court of Appeals of the State of New York.

Decided October 25, 2001.


Attorney(s) appearing for the Case

Hiscock Legal Aid Society, Syracuse (Philip Rothschild of counsel), for appellant.

William J. Fitzpatrick, District Attorney of Onondaga County, Syracuse (Mark Moody and James P. Maxwell of counsel), for respondent.

Chief Judge KAYE and Judges LEVINE, CIPARICK, WESLEY and GRAFFEO concur with Judge ROSENBLATT; Judge SMITH dissents in a separate opinion.


OPINION OF THE COURT

ROSENBLATT, J.

Defendant contends that the trial court committed reversible error by allowing the prosecution to introduce evidence of a prior alleged crime. He relies on People v Molineux (168 N.Y. 264 [1901]), which prohibits the introduction of such evidence unless it falls within a limited number of exceptions to its rule. We conclude, however, that because defendant opened the door to this proof based on the combination of...

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