PEOPLE v. SMALL


12 N.Y.3d 732 (2009)

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ANDREW C. SMALL, Appellant.

Court of Appeals of New York.

Decided February 12, 2009.


Attorney(s) appearing for the Case

Timothy P. Donaher, Public Defender, Rochester (William Clauss of counsel), for appellant.

Michael C. Green, District Attorney, Rochester (Wendy Evans Lehmann and Kelly Christine Wolford of counsel), for respondent.

Judges CIPARICK, GRAFFEO, READ, SMITH, PIGOTT and JONES concur; Chief Judge LIPPMAN taking no part.


OPINION OF THE COURT

MEMORANDUM.

The order of the Appellate Division should be affirmed.

While a defendant is not entitled as a matter of law to pretrial notice of the People's intention to offer evidence pursuant to People v Molineux (168 N.Y. 264 [1901]) or to a pretrial hearing on the admissibility of such evidence (see generally People v Ventimiglia, 52 N.Y.2d 350

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