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People v. Walker

Appellate Division of the Supreme Court of New York, First Department
Apr 30, 2002
293 A.D.2d 411 (N.Y. App. Div. 2002)

Opinion

892

April 30, 2002.

Judgment, Supreme Court, New York County (William Leibovitz, J.), rendered December 7, 2000, convicting defendant, after a jury trial, of murder in the second degree, and sentencing him to a term of 25 years to life, unanimously affirmed.

Sylvia Wertheimer, for respondent.

Jonathan M. Kirshbaum, for defendant-appellant.

Before: Williams, P.J., Tom, Mazzarelli, Andrias, Friedman, JJ.


In this circumstantial evidence case, the court properly exercised its discretion in admitting, on the issues of identity and motive, evidence of defendant's prior stabbings of his ex-girlfriends under circumstances that were similar to those of the instant crime and that made it probable that defendant committed all three crimes (see,People v. Beam, 57 N.Y.2d 241; People v. Willsey, 148 A.D.2d 764, lv denied 74 N.Y.2d 749). Any prejudicial effect was minimized by the court's repeated limiting instructions, which the jury is presumed to have followed.

THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.


Summaries of

People v. Walker

Appellate Division of the Supreme Court of New York, First Department
Apr 30, 2002
293 A.D.2d 411 (N.Y. App. Div. 2002)
Case details for

People v. Walker

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, v. FREDERICK WALKER…

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

Date published: Apr 30, 2002

Citations

293 A.D.2d 411 (N.Y. App. Div. 2002)
740 N.Y.S.2d 852

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