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People v. Hardy

Appellate Division of the Supreme Court of New York, First Department
Feb 27, 1996
224 A.D.2d 333 (N.Y. App. Div. 1996)

Opinion

February 27, 1996

Appeal from the Supreme Court, New York County (Patricia Williams, J.).


Evidence that defendant previously threatened the victim for several years during their relationship, and that as a result she gave him part of her paycheck each month, was properly admitted as background evidence to establish the victim's state of mind during the instant crime, which was clearly at issue ( see, People v. Fay, 85 A.D.2d 512). Defendant's claim that evidence of his prior drug use deprived him of a fair trial is unpreserved, where the court explicitly told the jury to disregard such evidence and defendant did not object to that instruction or request a mistrial. It is presumed the jury followed the court's instructions ( see, supra).

Concur — Murphy, P.J., Ross, Tom and Mazzarelli, JJ.


Summaries of

People v. Hardy

Appellate Division of the Supreme Court of New York, First Department
Feb 27, 1996
224 A.D.2d 333 (N.Y. App. Div. 1996)
Case details for

People v. Hardy

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. OLIN HARDY, Appellant

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

Date published: Feb 27, 1996

Citations

224 A.D.2d 333 (N.Y. App. Div. 1996)
638 N.Y.S.2d 453

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