PEOPLE v. GARDNER

Ind. No. 133/18. Appeal No. 13526. Case No. 2019-03759.

193 A.D.3d 468 (2021)

141 N.Y.S.3d 705

2021 NY Slip Op 02117

The People of the State of New York, Respondent, v. Simone Gardner, Appellant.

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

Decided April 6, 2021.


Attorney(s) appearing for the Case

Caprice R. Jenerson , Office of the Appellate Defender, New York ( Emma L. Shreefter of counsel), for appellant.

Cyrus R. Vance, Jr. , District Attorney, New York ( Jared Wolkowitz of counsel), for respondent.

Concur—Renwick, J.P., Kennedy, Scarpulla, Shulman, JJ.


Although defendant was not charged with assault, the court providently exercised its discretion in admitting a shooting victim's testimony that, in the incident forming the basis of the weapon possession charge, she was struck by a bullet and went to the hospital. In this case where defendant's pistol was recovered weeks later in a place where defendant had been lodging, evidence of the shooting was directly probative of various...

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