People v. Winter

The Supreme Court correctly permitted the introduction of testimony by witnesses to a robbery committed approximately one year after the robbery in this case as evidence of the identity of the perpetrator of the instant crime. The testimony constituted clear and convincing evidence that the defendant committed the subsequent robbery by using a distinctive and unique modus operand! similar to the manner in which the crime was committed in this case, which was probative of the defendant’s identity as the perpetrator in this case (see People v Mateo, 93 NY2d 327, 332 [1999]; People v Alvino, 71…