PEOPLE v. PINERO-BAEZ

1396. 1397.

67 A.D.3d 469 (2009)

890 N.Y.S.2d 6

2009 NY Slip Op 08060

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JOSE PINERO-BAEZ, Appellant.

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

Decided November 10, 2009.


The court properly exercised its discretion in permitting the People to introduce a threatening statement, containing the words "I shoot people," that defendant made to a court officer who was trying to escort him back to Department of Correction custody following a court appearance. This entire statement, including the quoted phrase, expressed a threat to use force against the officer, and was highly probative of defendant's intent to prevent the officer "from performing...

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