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PEOPLE v. FULLER

294 A.D.2d 282 (2002)

741 N.Y.S.2d 877

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. KEVIN FULLER, Appellant.

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

Decided May 28, 2002.

The court properly exercised its discretion in admitting evidence of a prior sex crime. The current and prior crimes shared the same distinctive modus operandi, and the probative value of the prior crime on the issue of identity, which was one of several issues raised by defendant at trial, outweighed its prejudicial effect (see, People v Beam, 57 N.Y.2d 241, 250-253). In both crimes defendant employed a highly particularized method...

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