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PEOPLE v. AGINA

No. 12.

18 N.Y.3d 600 (2012)

942 N.Y.S.2d 411

2012 NY Slip Op 1143

THE PEOPLE OF THE STATE OF NEW YORK, Appellant, v. ALAA AGINA, Respondent.

Court of Appeals of New York.

Decided February 16, 2012.

Attorney(s) appearing for the Case

Richard A. Brown , District Attorney, Kew Gardens ( Karen Wigle Weiss and John M. Castellano of counsel), for appellant.

Appellate Advocates, New York City ( Lisa Napoli and Lynn W.L. Fahey of counsel), for respondent.

Chief Judge LIPPMAN and Judges GRAFFEO, READ and PIGOTT concur with Judge SMITH; Judge CIPARICK dissents and votes to affirm in a separate opinion in which Judge JONES concurs.

OPINION OF THE COURT

SMITH, J.

Under the so-called "identity" or "modus operandi" exception to the Molineux rule, evidence of an uncharged crime that has distinctive characteristics in common with the crime for which the defendant is on trial may be admissible unless the defendant's identity as the person who committed the act in question is conclusively established by other evidence. In this case, defendant...

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