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People v. Glass

Appellate Division of the Supreme Court of New York, Fourth Department
Mar 31, 1999
259 A.D.2d 989 (N.Y. App. Div. 1999)

Opinion

March 31, 1999

Appeal from Judgment of Monroe County Court, Marks, J. — Criminal Possession Stolen Property, 4th Degree.


Judgment unanimously affirmed. Memorandum: Defendant was convicted following a jury trial of four counts of criminal possession of stolen property in the fourth degree (Penal Law § 165.45) based upon her possession of four stolen credit cards. Defendant contends that County Court erred in admitting testimony of uncharged conduct of defendant and by failing to conduct a Ventimiglia hearing ( see, People v. Ventimiglia, 52 N.Y.2d 350) prior to receipt of that testimony. We disagree. Although defendant was not charged with possession of a stolen JC Penney's credit card, the testimony that defendant presented that credit card to the sales clerk at JC Penney's was necessary "to complete the narrative of the episode" ( People v. Gines, 36 N.Y.2d 932, 932-933). That testimony explains why defendant was stopped by store security personnel and taken back to the security office, where the four stolen credit cards at issue were found in an area where defendant had made a "stuffing" motion. In addition, where, as here, the parties were aware of the content of the testimony of the sales clerk by reason of his prior sworn testimony before the Grand Jury and the testimony at the pretrial Wade hearing, there was no need to conduct a hearing ( see, People v. Berger, 188 A.D.2d 1073, 1074, lv denied 81 N.Y.2d 881). Furthermore, the court gave an appropriate curative instruction concerning the limited purpose for which that testimony was offered. Finally, the sentence is neither unduly harsh nor severe.

Present — Pine, J. P., Wisner, Hurlbutt, Scudder and Callahan, JJ.


Summaries of

People v. Glass

Appellate Division of the Supreme Court of New York, Fourth Department
Mar 31, 1999
259 A.D.2d 989 (N.Y. App. Div. 1999)
Case details for

People v. Glass

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JACQUELINE GLASS…

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

Date published: Mar 31, 1999

Citations

259 A.D.2d 989 (N.Y. App. Div. 1999)
688 N.Y.S.2d 361

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