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People v. Torres

Appellate Division of the Supreme Court of New York, First Department
Dec 5, 2002
300 A.D.2d 46 (N.Y. App. Div. 2002)

Opinion

2431

December 5, 2002.

Judgment, Supreme Court, Bronx County (William Mogulescu, J.), rendered May 30, 2001, convicting defendant, after a nonjury trial, of robbery in the first and second degrees and assault in the second degree, and sentencing him, as a second felony offender, to an aggregate term of 10 years followed by 5 years of supervised release, unanimously affirmed.

Melissa R. Dipalo, for respondent.

Lisa Joy Robertson, for defendant-appellant.

Before: TOM, J.P., MAZZARELLI, BUCKLEY, SULLIVAN, LERNER, JJ.


Defendant has not established that he was prejudiced in any manner by the fact that a Ventimiglia hearing (People v. Ventimiglia, 52 N.Y.2d 350, 361-362), which resulted in the receipt of uncharged crime evidence that was clearly admissible under People v. Molineux ( 168 N.Y. 264), was conducted during rather than prior to trial. A defendant is not entitled to have such a hearing conducted before trial commences, or to receive pretrial notice of the People's intention to offer evidence under a Molineux theory (People v. McLeod, 279 A.D.2d 372, lv denied 96 N.Y.2d 921; compare CPL 240.43).

THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.


Summaries of

People v. Torres

Appellate Division of the Supreme Court of New York, First Department
Dec 5, 2002
300 A.D.2d 46 (N.Y. App. Div. 2002)
Case details for

People v. Torres

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. STEVEN TORRES…

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

Date published: Dec 5, 2002

Citations

300 A.D.2d 46 (N.Y. App. Div. 2002)
750 N.Y.S.2d 498

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