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People v. Spikes

Appellate Division of the Supreme Court of New York, Fourth Department
Sep 30, 1997
242 A.D.2d 924 (N.Y. App. Div. 1997)

Opinion

September 30, 1997

Appeal from Judgment of Monroe County Court, Smith, J.

Present — Green, J.P., Lawton, Wisner, Balio and Boehm, JJ.


County Court did not err in admitting that portion of defendant's statement that included evidence of an uncharged crime. That evidence was relevant on the disputed issues of intent and acting in concert (see, People v. Carter, 77 N.Y.2d 95, 107, cert denied 499 U.S. 967; People v. Wright, 226 A.D.2d 407, lv denied 89 N.Y.2d 932; People v. Wright, 167 A.D.2d 959, 960, lv denied 77 N.Y.2d 845), and the court properly gave limiting instructions with respect to it (see, People v. Till, 87 N.Y.2d 835, 837; People v. Wright, supra, at 960). We further conclude that the sentence is not unduly harsh or severe.


Summaries of

People v. Spikes

Appellate Division of the Supreme Court of New York, Fourth Department
Sep 30, 1997
242 A.D.2d 924 (N.Y. App. Div. 1997)
Case details for

People v. Spikes

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW York, Respondent, v. MARBLE SPIKES…

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

Date published: Sep 30, 1997

Citations

242 A.D.2d 924 (N.Y. App. Div. 1997)
665 N.Y.S.2d 369