PEOPLE v. VARGAS


60 A.D.3d 480 (2009)

875 N.Y.S.2d 36

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. EVILLE VARGAS, Appellant.

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

Decided March 12, 2009.


The court properly exercised its discretion in admitting evidence that, following an unspecified 911 call, defendant was arrested at a store in Brooklyn with an air pistol in his waistband that resembled the weapon used in the two store robberies of which defendant was convicted. Defendant argues that the testimony should have been limited to defendant having been "located with a fake gun," and that the additional details were unduly prejudicial. However, these limited details...

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