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PEOPLE v. DeGEROLAMO

6388/09, 10844.

118 A.D.3d 23 (2014)

983 N.Y.S.2d 562

2014 NY Slip Op 2698

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. GERALD DeGEROLAMO, Appellant.

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

Decided April 17, 2014.

Attorney(s) appearing for the Case

Richard M. Greenberg , Office of the Appellate Defender, New York City ( Joseph M. Nursey of counsel), for appellant.

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

FRIEDMAN, J.P., and DeGRASSE, J., concur; ANDRIAS and FREEDMAN, JJ., dissent in a separate opinion by ANDRIAS, J.

OPINION OF THE COURT

ACOSTA, J.

At issue in this case is the propriety of the trial court's decision to admit evidence of a different crime, under People v Molineux (168 N.Y. 264 [1901]), where evidence of intent was not ambiguous (assuming the jury believed the complainant), and there was insufficient indicia of similarity to fall within the "common scheme or plan" exception. Defendant was charged with robbery in the second degree and related offenses...

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