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People v. Capace

Appellate Division of the Supreme Court of New York, Second Department
Jun 12, 2000
273 A.D.2d 320 (N.Y. App. Div. 2000)

Opinion

Argued April 24, 2000.

June 12, 2000.

Appeal by the defendant from a judgment of the Supreme Court, Richmond County (J. Goldberg, J.), rendered December 22, 1997, convicting him of murder in the first degree and criminal possession of a weapon in the second degree, upon a jury verdict, and imposing sentence.

Randall D. Unger, Kew Gardens, N.Y., for appellant.

Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Ann Bordley of counsel), for respondent.

Before: DAVID S. RITTER, J.P., FRED T. SANTUCCI, SONDRA MILLER, GLORIA GOLDSTEIN, JJ.


DECISION ORDER

ORDERED that the judgment is affirmed.

The court properly admitted evidence of the defendant's uncharged crimes since they were relevant on the issue of motive (see, People v. Lewis, 69 N.Y.2d 321, 325), necessary to complete the narrative (see, People v. Gines, 36 N.Y.2d 932; People v. Bowden, 157 A.D.2d 789, 790), and were inextricably intertwined with the crime charged (see, People v. Vails, 43 N.Y.2d 364, 368-369).

The defendant's remaining contentions are either unpreserved for appellate review or without merit.


Summaries of

People v. Capace

Appellate Division of the Supreme Court of New York, Second Department
Jun 12, 2000
273 A.D.2d 320 (N.Y. App. Div. 2000)
Case details for

People v. Capace

Case Details

Full title:THE PEOPLE, ETC., RESPONDENT, v. THOMAS CAPACE, APPELLANT. (IND. NO…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Jun 12, 2000

Citations

273 A.D.2d 320 (N.Y. App. Div. 2000)
710 N.Y.S.2d 529

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