Legal Opinion

People v. Avila

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

Decided March 4, 2003PublishedCited by 5 opinions

1Opinion of the Court

Judgment, *166Supreme Court, Bronx County (Megan Tallmer, J.), rendered June 12, 2001, convicting defendant, after a jury trial, of robbery in the first and second degrees, and sentencing him, as a second felony offender, to concurrent terms of 20 and 15 years, respectively, unanimously affirmed.

The court properly exercised its discretion in admitting expert testimony regarding gang customs and rituals. This testimony was explanatory of defendant’s actions and unusual statements at the time of the crime and was relevant to his motive (see People v Edwards, 295 AD2d 270 [2002]; People v Tai, 224…

2Cases cited2 opinions

  1. People v. EdwardsAppellate Division of the Supreme Court of the State of New York · 2002
  2. People v. TaiAppellate Division of the Supreme Court of the State of New York · 1996

3Cited by5 opinions

  1. People v. ScottAppellate Division of the Supreme Court of the State of New York · 2010
  2. People v. FloresAppellate Division of the Supreme Court of the State of New York · 2007
  3. People v. ScottAppellate Division of the Supreme Court of the State of New York · 2012
  4. Cummins v. LeeDistrict Court, E.D. New York · 2019
  5. People v. ScottAppellate Division of the Supreme Court of the State of New York · 2012

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