Legal Opinion

People v. Pagan

Appellate Division of the Supreme Court of the State of New York

Decided July 14, 2011Published

1Opinion of the Court

OPINION OF THE COURT

Abdus-Salaam, J.

Defendant, convicted of attempted murder in the second degree, assault in the first degree and two counts of criminal *39possession of a weapon in the second degree, claims that his due process rights were violated when the court admitted Molineux1 evidence of defendant’s membership in the Latin Kings gang. We find that the evidence should not have been admitted, but that the error was harmless.

The court admitted portions of two recorded telephone calls. In one call, defendant said that he had been a Latin Kings member for four years. The second call was a…

2Cases cited12 opinions

  1. People v. DanielsonNew York Court of Appeals · 2007
  2. People v. . MolineuxNew York Court of Appeals · 1901
  3. People v. VentimigliaNew York Court of Appeals · 1981
  4. People v. ChambersNew York Court of Appeals · 2002
  5. People v. ArafetNew York Court of Appeals · 2009

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