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PEOPLE v. ANGULO

Ind. No. 4370/16. Appeal No. 15011-15012. Case No. 2019-1532. 2019-2064.

201 A.D.3d 477 (2022)

159 N.Y.S.3d 427

2022 NY Slip Op 00136

The People of the State of New York, Respondent, v. Jonathan Angulo, Appellant. The People of the State of New York, Respondent, v. Joseph Alvarado, Appellant.

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

Decided January 11, 2022.

Attorney(s) appearing for the Case

Caprice R. Jenerson , Office of the Appellate Defender, New York ( Rosemary Herbert of counsel) and Weil, Gotshal & Manges LLP, New York ( Aaron J. Brogan of counsel), for Jonathan Angulo, appellant.

Joseph Alvarado, appellant pro se.

Robert S. Dean , Center for Appellate Litigation, New York ( Benjamin Rutkin-Becker of counsel), for Joseph Alvarado, appellant.

Cyrus R. Vance, Jr. , District Attorney, New York ( John T. Hughes of counsel), for respondent.

Concur—Renwick, J.P., Kapnick, Moulton, Kennedy, Scarpulla, JJ.

The court providently exercised its discretion in admitting evidence of defendants' gang activity, which was probative of, among other things, defendants' motives, and was central to the jury's understanding of the incident and the relationships among defendants and the victims, all of which outweighed the potential for undue prejudice (see e.g. People v Hierro, 122 A.D.3d 420 [1st Dept 2014], lv denied 25...

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