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PEOPLE v. McKENZIE

8470. 3505/15.

169 A.D.3d 557 (2019)

92 N.Y.S.3d 642

2019 NY Slip Op 01319

The People of the State of New York, Respondent, v. Cecil McKenzie, Appellant.

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

Decided February 21, 2019.

The court providently exercised its discretion in admitting evidence of defendant's two most recent prior incidents of sexual misconduct on the subway. This evidence was relevant to establish defendant's intent, where the charged sexual conduct occurred on a crowded subway, and portions of the defense cross-examination and summation could be viewed as challenging the proof of the element of intent (see People v Ingram, ...

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