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People v. Zimmerman

Appellate Division of the Supreme Court of New York, Second Department
Feb 27, 1995
212 A.D.2d 821 (N.Y. App. Div. 1995)

Opinion

February 27, 1995

Appeal from the Supreme Court, Kings County (Juviler, J.).


Ordered that the judgment is affirmed.

On April 21, 1990, the defendant shot the victim at least five times, killing him. The People offered the testimony of an eyewitness who claimed to be a drug dealer employed by the defendant. The witness explained that the defendant murdered the victim, who was another drug dealer employed by the defendant, in a dispute over a $50 debt.

On appeal, the defendant maintains that the court improperly allowed testimony of his drug dealings, as he was only charged with murder. We find that this evidence was admissible to establish the defendant's motive for murdering the victim. Evidence of unconnected and uncharged criminal conduct is inadmissible to establish criminal disposition. However, such evidence may be admissible if offered for some other relevant purpose (see, People v. Vails, 43 N.Y.2d 364). When the prior uncharged criminal conduct is directly probative of the crime charged, it may be deemed to outweigh the prejudicial effect. The testimony regarding the defendant's drug dealing enterprise was directly relevant to establishing the defendant's motive for murdering the victim (see, People v. Molineux, 168 N.Y. 264; People v. Cain, 193 A.D.2d 810).

The defendant's remaining contentions, including those raised in his supplemental pro se brief, are either unpreserved for appellate review or without merit. Bracken, J.P., Miller, Ritter and Goldstein, JJ., concur.


Summaries of

People v. Zimmerman

Appellate Division of the Supreme Court of New York, Second Department
Feb 27, 1995
212 A.D.2d 821 (N.Y. App. Div. 1995)
Case details for

People v. Zimmerman

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ADOLPHUS ZIMMERMAN…

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

Date published: Feb 27, 1995

Citations

212 A.D.2d 821 (N.Y. App. Div. 1995)
624 N.Y.S.2d 614

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