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PEOPLE v. BARBATO

2009-01211.

82 A.D.3d 1112 (2011)

918 N.Y.S.2d 895

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. PHILIP BARBATO, Appellant.

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

Decided March 22, 2011.

Ordered that the judgment is reversed, on the law, and a new trial is ordered.

At trial, the complainant testified that the defendant choked her until her body "went limp," "everything went black," and she urinated on herself. Prior to the complainant's testimony, the People were permitted, over the defendant's objection, to introduce evidence that he had previously strangled two women in 1985 and 1988, respectively. The...

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