PEOPLE v. WINTER

2010-00405.

89 A.D.3d 966 (2011)

932 N.Y.S.2d 714

2011 NY Slip Op 8387

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JAMAL WINTER, Appellant.

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

Decided November 15, 2011.


Ordered that the judgment is affirmed.

The Supreme Court correctly permitted the introduction of testimony by witnesses to a robbery committed approximately one year after the robbery in this case as evidence of the identity of the perpetrator of the instant crime. The testimony constituted clear and convincing evidence that the defendant committed the subsequent robbery by using a distinctive and unique modus operandi similar to the manner in which the crime was...

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