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PEOPLE v. WALKER

2012-03359. Ind. No. 3784/09.

207 A.D.3d 756 (2022)

170 N.Y.S.3d 890

2022 NY Slip Op 04744

The People of the State of New York, Respondent, v. Jason Walker, Appellant.

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

Decided July 27, 2022.

Attorney(s) appearing for the Case

Mischel & Horn, P.C., New York, NY ( Richard E. Mischel , of counsel), for appellant.

Eric Gonzalez , District Attorney, Brooklyn, NY ( Leonard Joblove , Morgan J. Dennehy , and Sullivan & Cromwell, LLP, [ Samuel S. Brickfield and Dwayne A. Amos ], of counsel), for respondent.

Brathwaite Nelson, J.P., Rivera, Chambers and Zayas, JJ., concur.

Ordered that the judgment is affirmed.

The defendant's contention that the Supreme Court deprived him of a fair trial by admitting evidence that he, the codefendant, and two eyewitnesses were gang members, and evidence regarding the nature of those gangs and the relationships between them, is without merit. The court providently exercised its discretion in admitting the gang-related evidence because it was probative of...

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