PEOPLE v. SHOMO


303 A.D.2d 320 (2003)

757 N.Y.S.2d 272

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

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

Decided March 27, 2003.


The court properly exercised its discretion in admitting evidence of uncharged crimes, with suitable limiting instructions. Evidence of defendant's use of a firearm on certain relevant occasions was highly probative, given defendant's claim that at the time of the shooting he was physically incapable of holding or firing a handgun and thus could not have been the killer (see People v Alvino, 71 N.Y.2d 233, 241-242 [1987]). Moreover...

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