PEOPLE v. BENJAMIN

Ind. No. 3586/14. Appeal No. 15582. Case No. 2018-04279.

203 A.D.3d 617 (2022)

162 N.Y.S.3d 726

2022 NY Slip Op 02079

The People of the State of New York, Respondent, v. Sebastian Benjamin, Appellant.

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

Decided March 24, 2022.


Attorney(s) appearing for the Case

Caprice R. Jenerson , Office of the Appellate Defender, New York ( Joseph M. Nursey of counsel), for appellant.

Darcel D. Clark , District Attorney, Bronx ( Matthew B. White of counsel), for respondent.

Concur—Kern, J.P., Moulton, Rodriguez, Pitt, Higgitt, JJ.


The court providently exercised its discretion in admitting evidence of gang activity. The evidence, which included expert testimony regarding the history of a specific conflict between two gangs, a photo in which defendant made a gang sign accompanied by two known members of the gang, and a photo in which two members of the gang made the same sign in defendant's presence was "probative of motive since it provided an explanation as to why defendant would ... shoot the victim...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases