Legal Opinion

People v. Daily

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

Decided September 19, 2002PublishedCited by 2 opinions

1Opinion of the Court

After a thorough hearing pursuant to People v Ventimiglia (52 NY2d 350), the court properly exercised its discretion in admitting evidence of defendant’s 1992 robbery conviction for the purpose of establishing his identity as the perpetrator of the crimes charged (see People v Beam, 57 NY2d 241, 250-253). Defendant’s current and prior crimes shared a sufficiently distinctive modus operand! whereby defendant and his accomplices robbed persons in Manhattan’s jewelry district, during the evening rush hour, as they carried packages of jewelry for delivery. Slight differences between the charged…

2Cases cited7 opinions

  1. Delaware v. Van ArsdallSupreme Court of the United States · 1986
  2. People v. VentimigliaNew York Court of Appeals · 1981
  3. People v. SantiagoNew York Court of Appeals · 1981
  4. People v. BeamNew York Court of Appeals · 1982
  5. People v. AngeloNew York Court of Appeals · 1996

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3Cited by2 opinions

  1. People v. WhiteAppellate Division of the Supreme Court of the State of New York · 2006
  2. People v. JonesAppellate Division of the Supreme Court of the State of New York · 2004

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