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PEOPLE v. MORRIS

No. 147.

21 N.Y.3d 588 (2013)

2013 NY Slip Op 6633

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. CHADON MORRIS, Appellant.

Court of Appeals of New York.

Decided October 15, 2013.

Attorney(s) appearing for the Case

Lynn W.L. Fahey , Appellate Advocates, New York City ( Barry Stendig of counsel), for appellant.

Richard A. Brown , District Attorney, Kew Gardens ( Rebecca Height , Robert J. Masters and John M. Castellano of counsel), for respondent.

Judges GRAFFEO, READ and PIGOTT concur with Judge ABDUS-SALAAM; Judge RIVERA dissents in an opinion in which Chief Judge LIPPMAN concurs; Judge SMITH dissents in a separate opinion.

OPINION OF THE COURT

ABDUS-SALAAM, J.

In People v Tosca (98 N.Y.2d 660 [2002]) and People v Resek (3 N.Y.3d 385 [2004]), we held that a trial court may, in its discretion, admit evidence of uncharged crimes to provide background information explaining the police actions to the jury if the probative value of the evidence...

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