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PEOPLE v. ALICEA

16248, 12/13.

134 A.D.3d 409 (2015)

22 N.Y.S.3d 8

2015 NY Slip Op 08780

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ISAIAS ALICEA, Appellant.

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

Decided December 1, 2015.

The People improperly introduced, on their direct case, evidence that defendant, a police officer on trial for making a false drug sale arrest, had previously been disciplined for unlawfully entering and searching an apartment. While defendant's intent was at issue at trial, this dissimilar and unrelated prior act had little probative value on that issue, and any probative value was outweighed by its prejudicial effect. Nevertheless...

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