PEOPLE v. GILES


47 A.D.3d 88 (2007)

845 N.Y.S.2d 331

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DWIGHT GILES, Appellant.

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

November 20, 2007.


Attorney(s) appearing for the Case

Susanna De La Pava, New York City, for appellant.

Robert M. Morgenthau, District Attorney, New York City (Frank Glaser of counsel), for respondent.

GONZALEZ and CATTERSON, JJ., concur with SULLIVAN, J.; SAXE, J.P., and KAVANAGH, J., dissent in a separate opinion by KAVANAGH, J.


OPINION OF THE COURT

SULLIVAN, J.

Under People v Molineux (168 N.Y. 264 [1901]), the People generally may not introduce evidence that the defendant has committed an uncharged crime. Evidence of uncharged crimes attributable to the defendant is admissible, however, if relevant, to prove motive, intent, absence of mistake, identity or common plan or scheme (id. at 293). The list of relevant considerations warranting the admission of uncharged...

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