People v. Jackson

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed.

In a rape prosecution, evidence of a prior uncharged sexual assault against another and defendant’s simultaneously uttered out-of-court statement were admitted under Molineux to demonstrate defendant’s motive and future intent to rape the victim in this case. The witness testified, “[the defendant] told me that [the victim] was lucky I was there, because if I wasn’t there, it would be her.”

Assuming that it was error to admit both the statement and the uncharged criminal conduct, the error was harmless.*…