People v. Buccina

Memorandum: The court improperly permitted the prosecution to introduce evidence of uncharged sales of marihuana by defendant. Proof of these uncharged crimes was not probative of any element of the crimes charged and served only to establish defendant’s predisposition to commit the crimes charged, criminal sale of marihuana and criminal possession of marihuana on June 21, 1984 and July 17, 1984 (see, People v Ventimiglia, 52 NY2d 350, 359). Contrary to the People’s contention, evidence that defendant sold marihuana on other occasions was not admissible to prove the identity of the seller on…