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PEOPLE v. ESPINAL

13747 143/12

123 A.D.3d 499 (2014)

999 N.Y.S.2d 24

2014 NY Slip Op 08720

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ISRAEL ESPINAL, Appellant.

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

Decided December 11, 2014.

The court properly exercised its discretion in admitting evidence of defendant's prior attempted burglary conviction as probative of his intent (see e.g. People v Patterson, 41 A.D.3d 169 [1st Dept 2007], lv denied 9 N.Y.3d 925 [2007]). The probative value of the evidence outweighed its potential for prejudice. Given the defense theory that defendant did not intend to burglarize an apartment by entering through a window from...

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