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PEOPLE v. CARTAGENA

8621, 4714/11.

170 A.D.3d 451 (2019)

95 N.Y.S.3d 194

2019 NY Slip Op 01652

The People of the State of New York, Respondent, v. Robert Cartagena, Appellant.

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

Decided March 7, 2019.

With two exceptions, the court providently exercised its discretion in admitting Facebook posts and text messages made by a separately tried codefendant. This evidence was relevant to the codefendant's state of mind (see generally People v Reynoso, 73 N.Y.2d 816, 819 [1988]; Jerome Prince, Richardson on Evidence § 8-106 at 502 [Farrell 11th ed 1995]), which was in turn relevant to defendant's guilt under the circumstances of...

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