Legal Opinion · Dissent

People v. Morris

New York Court of Appeals

Decided October 15, 2013Published

1Dissent

Rivera, J. (dissenting).

The majority’s decision extends a limited exception for background and narrative evidence to the well established rule prohibiting admission of uncharged crimes. The majority upholds the admission of evidence of a 911 tape recording of unsubstantiated allegations of criminal activity, despite its lack of relevance to the charges against the defendant, and its prejudicial impact on the fairness of the trial. I dissent.

The rule prohibiting the admission of uncharged crimes is long standing (see People v Arafet, 13 NY3d 460, 464-465 [2009]; People v Giles, 11 NY3d 495,…

2Cases cited23 opinions

  1. Terry v. OhioSupreme Court of the United States · 1968
  2. People v. De BourNew York Court of Appeals · 1976
  3. People v. . MolineuxNew York Court of Appeals · 1901
  4. People v. AlvinoNew York Court of Appeals · 1987
  5. People v. VentimigliaNew York Court of Appeals · 1981

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