PEOPLE v. SEALY


34 A.D.3d 259 (2006)

823 N.Y.S.2d 149

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JOEY SEALY, Appellant.

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

Decided November 9, 2006.


The court improvidently exercised its discretion in admitting evidence that, while questioning defendant and preparing to issue him a summons for disorderly conduct, the police discovered that there was an outstanding warrant for his arrest, since the prejudicial effect of this testimony outweighed its probative value (see People v Resek, 3 N.Y.3d 385 [2004]). Mention of the warrant was not necessary to complete the narrative or...

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