PEOPLE v. MIXON


292 A.D.2d 177 (2002)

739 N.Y.S.2d 46

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JAMES MIXON, Appellant.

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

Decided March 7, 2002.


In this prosecution for possession of a pistol found under a seat in a livery cab, the trial court properly admitted the codefendant's command to defendant, as overheard by the livery cab driver, "Put it under the seat." The People properly offered this statement to prove defendant was guilty of jointly possessing the weapon with his codefendant; it was not hearsay because it was not offered for its truthfulness (see, Tennessee v Street, 471 U.S. 409...

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