People v. DeGerolamo

OPINION OF THE COURT

Acosta, J.

At issue in this case is the propriety of the trial court’s decision to admit evidence of a different crime, under People v Molineux (168 NY 264 [1901]), where evidence of intent was not ambiguous (assuming the jury believed the complainant), and there was insufficient indicia of similarity to fall within the “common scheme or plan” exception. Defendant was charged with robbery in the second degree and related offenses in connection with a December 26, 2009 incident in which he allegedly sprayed complainant David Cushman in the face with mace, and stole a ring he…