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PEOPLE v. MYERS

No. 259 SSM 38

22 N.Y.3d 1010 (2013)

4 N.E.3d 356

981 N.Y.S.2d 346

2013 NY Slip Op 8292

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ARIEL MYERS, Appellant.

Court of Appeals of New York.

Decided December 12, 2013.

Attorney(s) appearing for the Case

Eugene P. Grimmick , Troy, for appellant.

Richard J. McNally, Jr. , District Attorney, Troy ( Roman Griffith of counsel), for respondent.

Chief Judge LIPPMAN and Judges GRAFFEO, READ, SMITH, PIGOTT, RIVERA and ABDUS-SALAAM concur.

OPINION OF THE COURT

MEMORANDUM.

The order of the Appellate Division should be reversed and a new trial ordered.

Under the facts of this case, the admission of evidence of an uncharged crime allegedly committed by defendant for the purpose of establishing defendant's identity constituted an abuse of discretion (see People v Robinson, 68 N.Y.2d 541, 549-550 [1986...

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