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People v. Mannino

Appellate Division of the Supreme Court of New York, Second Department
Oct 4, 2004
11 A.D.3d 485 (N.Y. App. Div. 2004)

Opinion

2001-03715

October 4, 2004.

Appeal by the defendant from a judgment of the Supreme Court, Richmond County (Rooney, J.) rendered March 30, 2001, convicting him of murder in the second degree (three counts), burglary in the first degree, robbery in the first degree, arson in the third degree, and conspiracy in the fourth degree, upon a jury verdict, and imposing sentence.

Before: Prudenti, P.J., Krausman, Adams and Spolzino, JJ., concur.


Ordered that the judgment is affirmed.

Contrary to the defendant's contention, the Supreme Court properly allowed testimony that the defendant and his accomplices had participated in an attempted robbery before committing the subject crimes. This evidence was introduced to show the defendant's motive and to complete the narrative of the events regarding the commission of the subject crimes ( see People v. Alvino, 71 NY2d 233, 241-242; People v. Ventimiglia, 52 NY2d 350, 359; People v. Molineux, 168 NY 264; People v. Webb, 1 AD3d 542; People v. Howard, 285 AD2d 560; People v. James, 262 AD2d 500). Moreover, the probative value of such evidence outweighed its potential for prejudice to the defendant ( see People v. Lewis, 69 NY2d 321, 325; see also People v. Alvino, supra at 242; People v. Ventimiglia, supra at 359-360).

The issues raised in the defendant's supplemental pro se brief are without merit.


Summaries of

People v. Mannino

Appellate Division of the Supreme Court of New York, Second Department
Oct 4, 2004
11 A.D.3d 485 (N.Y. App. Div. 2004)
Case details for

People v. Mannino

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. MARIO MANNINO…

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

Date published: Oct 4, 2004

Citations

11 A.D.3d 485 (N.Y. App. Div. 2004)
782 N.Y.S.2d 380

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