People v. Cole
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Appeal by the defendant from a judgment of the Supreme Court, Kings County (Feldman, J.), rendered February 8, 1985, convicting him of criminal possession of a weapon in the third degree, upon a jury verdict, and imposing sentence.
Ordered that the judgment is affirmed.
Despite some initial jury confusion, the court’s instruction focused the jury’s attention on the crime of which the defendant was charged and not the prior uncharged crime admitted in evidence pursuant to People v Molineux (168 NY2d 264). Thus, the defendant’s claim that he was convicted of an uncharged crime is without merit.
Fur…
2Cases cited1 opinion
- People v. ColeNew York Supreme Court · 1985