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PEOPLE v. PAGAN

2962/08, 5035

88 A.D.3d 37 (2011)

926 N.Y.S.2d 524

2011 NY Slip Op 5943

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JASON PAGAN, Appellant.

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

Decided July 14, 2011.

Attorney(s) appearing for the Case

Robert S. Dean , Center for Appellate Litigation, New York City ( Susan H. Salomon of counsel), for appellant.

Cyrus R. Vance, Jr. , District Attorney, New York City ( Beth Fisch Cohen and Eleanor J. Ostrow of counsel), for respondent.

SAXE, J.P. CATTERSON, ACOSTA and ROMAN, JJ., concur.

OPINION OF THE COURT

ABDUS-SALAAM, J.

Defendant, convicted of attempted murder in the second degree, assault in the first degree and two counts of criminal possession of a weapon in the second degree, claims that his due process rights were violated when the court admitted Molineux1 evidence of defendant's membership in the Latin Kings gang. We find that the evidence should not...

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