From Casetext: Smarter Legal Research

People v. Spotford

Appellate Division of the Supreme Court of New York, Fourth Department
Jul 14, 1995
217 A.D.2d 901 (N.Y. App. Div. 1995)

Opinion

July 14, 1995

Appeal from the Monroe County Court, Bristol, J.

Present — Green, J.P., Pine, Callahan, Doer and Boehm, JJ.


Upon remittitur from the Court of Appeals, judgment unanimously affirmed. Memorandum: On appeal from his conviction of assault in the second degree, defendant contends that the trial court erred in ruling that the People, in rebuttal, could offer evidence of four uncharged bad acts. We disagree. Defendant's prior acts of violence against the victim were relevant to the issues of intent and absence of mistake or accident and on the defense of justification ( see, People v. Wright, 167 A.D.2d 959, 960, lv denied 77 N.Y.2d 845; People v. Plunkett, 158 A.D.2d 949, lv denied 75 N.Y.2d 969; People v. Sellers, 135 A.D.2d 590), and the probative value of that evidence outweighed its prejudicial effect ( see, People v. Hudy, 73 N.Y.2d 40, 55).


Summaries of

People v. Spotford

Appellate Division of the Supreme Court of New York, Fourth Department
Jul 14, 1995
217 A.D.2d 901 (N.Y. App. Div. 1995)
Case details for

People v. Spotford

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. CURTIS SPOTFORD…

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

Date published: Jul 14, 1995

Citations

217 A.D.2d 901 (N.Y. App. Div. 1995)
629 N.Y.S.2d 601