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People v. Davis

Appellate Division of the Supreme Court of New York, Second Department
Mar 22, 1999
259 A.D.2d 706 (N.Y. App. Div. 1999)

Opinion

March 22, 1999

Appeal from the Supreme Court, Kings County (Martin, J.).


Ordered that the judgment is affirmed.

It is well established that evidence of uncharged crimes is inadmissible where it is offered solely to raise an inference that a defendant has a criminal propensity (see, People v. Alvino, 71 N.Y.2d 233, 241). Such evidence, however, may be received if it is probative of a well-recognized exception (see, People v. Molineux, 168 N.Y. 264) or if it helps establish some element of the crime under consideration (see, People v. Alvino, supra, at 241; People v. Lewis, 69 N.Y.2d 321, 325), and where its probative value outweighs the potential for prejudice resulting to the defendant (see, People v. Alvino, supra, at 241-242).

The defendant correctly contends that the two proffered instances of his prior physical abuse towards his mother were improperly admitted (see, People v. Molineux, 168 N.Y. 264, 294, supra; People v. Alvino, supra; People v. Robinson, 68 N.Y.2d 541). However, the errors were harmless (see, People v. Crimmins, 36 N.Y.2d 230) in view of the overwhelming evidence of the defendant's guilt, including the strong corroborating testimony of two neighbors who overheard the altercation and observed the defendant holding his mother in a headlock.

Bracken, J. P., Sullivan, Altman and McGinity, JJ., concur.


Summaries of

People v. Davis

Appellate Division of the Supreme Court of New York, Second Department
Mar 22, 1999
259 A.D.2d 706 (N.Y. App. Div. 1999)
Case details for

People v. Davis

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. GLEN DAVIS, Appellant

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

Date published: Mar 22, 1999

Citations

259 A.D.2d 706 (N.Y. App. Div. 1999)
687 N.Y.S.2d 653

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