People v. Johnson

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed.

Just as evidence of prior criminal conduct cannot be admitted as evidence-in-chief to establish a predisposition to commit the crime charged (People v Vails, 43 NY2d 364, 368; People v Fiore, 34 NY2d 81, 84; People v Molineux, 168 NY 264, 292), evidence tending to establish that a defendant did not commit uncharged crimes is, because of its irrelevancy, similarly inadmissible as evidence-in-chief to establish that the defendant did not commit the charged crime. Defendant maintains, however, that the evidence…