Legal Opinion
People v. Small
New York Court of Appeals
Decided February 12, 2009PublishedCited by 43 opinions
1Opinion of the Court
OPINION OF THE COURT
Memorandum.
The order of the Appellate Division should be affirmed.
*733While a defendant is not entitled as a matter of law to pretrial notice of the People’s intention to offer evidence pursuant to People v Molineux (168 NY 264 [1901]) or to a pretrial hearing on the admissibility of such evidence (see generally People v Ventimiglia, 52 NY2d 350, 362 [1981]; People v Torres, 300 AD2d 46, 46-47 [1st Dept 2002]; cf. CPL 240.43), we outlined in People v Ventimiglia a procedure to be followed in order to avoid unfairness to the defendant. We noted that a prosecutor seeking to…
2Cases cited3 opinions
- People v. . MolineuxNew York Court of Appeals · 1901
- People v. VentimigliaNew York Court of Appeals · 1981
- People v. TorresAppellate Division of the Supreme Court of the State of New York · 2002
3Cited by43 opinions
- People v. BaberAppellate Division of the Supreme Court of the State of New York · 2020
- People v. Yu-Jen ChangAppellate Division of the Supreme Court of the State of New York · 2012
- People v. LeeAppellate Division of the Supreme Court of the State of New York · 2015
- People v. LawrenceAppellate Division of the Supreme Court of the State of New York · 2016
- People v. HolmesAppellate Division of the Supreme Court of the State of New York · 2013
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