Legal Opinion
People v. Agina
New York Court of Appeals
Decided February 16, 2012PublishedCited by 37 opinions
1Opinion of the Court
OPINION OF THE COURT
Smith, J.
Under the so-called “identity” or “modus operandi” exception to the Molineux rule, evidence of an uncharged crime that has distinctive characteristics in common with the crime for
*602which the defendant is on trial may be admissible unless the defendant’s identity as the person who committed the act in question is conclusively established by other evidence. In this case, defendant admitted that he was present at the time when the victim said the acts occurred, and did not accuse anyone else of committing them, but denied that he did what he was accused of doing. We…
2Cases cited5 opinions
- People v. . MolineuxNew York Court of Appeals · 1901
- People v. AlvinoNew York Court of Appeals · 1987
- People v. ArafetNew York Court of Appeals · 2009
- People v. CondonNew York Court of Appeals · 1970
- People v. AginaAppellate Division of the Supreme Court of the State of New York · 2010
3Cited by37 opinions
- People v. BaileyNew York Court of Appeals · 2018
- People v. ScaringeAppellate Division of the Supreme Court of the State of New York · 2016
- People v. FombyAppellate Division of the Supreme Court of the State of New York · 2012
- People v. LittlejohnAppellate Division of the Supreme Court of the State of New York · 2013
- People v. SingletonAppellate Division of the Supreme Court of the State of New York · 2016
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