People v. Brown
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
—Judgment unanimously affirmed. Memorandum: We reject the contention that defendant was deprived a fair trial when the prosecutor commented on and elicited evidence concerning two uncharged crimes without obtaining a Ventimiglia ruling. First, testimony that defendant was in possession of bolt cutters and copper pipe at the time of his arrest is not evidence of an uncharged crime because possession of those items is not illegal (see, People v Powell, 209 AD2d 879, 881, lv denied 84 NY2d 1037). That evidence, moreover, was necessary “to complete the narrative of the episode” (People v Gines,…
2Cases cited4 opinions
- People v. GinesNew York Court of Appeals · 1975
- People v. PowellAppellate Division of the Supreme Court of the State of New York · 1994
- People v. ConyersAppellate Division of the Supreme Court of the State of New York · 1990
- People v. KyserAppellate Division of the Supreme Court of the State of New York · 1992
3Cited by3 opinions
- People v. HucksAppellate Division of the Supreme Court of the State of New York · 2002
- People v. GattiAppellate Division of the Supreme Court of the State of New York · 2000
- BLOCKER, MARLO J., PEOPLE vAppellate Division of the Supreme Court of the State of New York · 2015