Legal Opinion

People v. Smith

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

Decided November 12, 1999No. Appeal No. 1Published

1Opinion of the Court

—Judgment unanimously affirmed. Memorandum: Contrary to the contention of defendant, County Court properly denied his motion for a mistrial. Although the court erred in admitting evidence of prior bad acts without a prior ruling that the evidence was admissible (see, People v Ventimiglia, 52 NY2d 350, 362) and failed to give appropriate limiting instructions to the jury (see, People v Kocyla, 167 AD2d 938, 940), the errors are harmless (see, People v Schrader, 251 AD2d 1032, 1033, lv denied 92 NY2d 882; People v Wieczorek, 177 AD2d 963, lv denied 79 NY2d 866). We also reject the contention…

2Cases cited8 opinions

  1. People v. BleakleyNew York Court of Appeals · 1987
  2. People v. VentimigliaNew York Court of Appeals · 1981
  3. People v. WilliamsNew York Court of Appeals · 1994
  4. People v. MottAppellate Division of the Supreme Court of the State of New York · 1983
  5. People v. KocylaAppellate Division of the Supreme Court of the State of New York · 1990

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