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1
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OPINION
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EXTRACTED KEY WORDS
DEFENDANT TRIAL COURT MEMORANDUM APPELLANT JUDGE INSTRUCTIONS NY2D POLICE ADMITTING REPORTS RESPONDENT GRAFFEO CONCUR ROSENBLATT WESLEY CIPARICK LEVINE JUDGES SMITH CHIEF JUDGE KAYE SUBMISSIONS PURSUANT REVIEW PROMPT CURATIVE INSTRUCTIONS SUMMATION QUESTIONABLE REMARKS UNCHARGED CRIME CONSIDERED PROOF JURY TRIAL COURT TWICE CONFRONTED DEFENDANT BACKGROUND INFORMATION |
1 No. 96 SSM 9
The People &c.,
Respondent,
v.
Edwin Tosca,
Appellant.
_________________________________________________________________
2002 NY Int. 69
June 6, 2002
This memorandum is uncorrected and subject to revision before
publication in the New York Reports.
Submitted by Melissa Rothstein, for appellant.
Submitted by David S. Weisel, for respondent.
_________________________________________________________________
_________________________________________________________________
MEMORANDUM:
The order of the Appellate Division should be affirmed. The trial
court did not abuse its discretion in admitting the police officers'
testimony concerning an unidentified cab driver's report of a recent
encounter with the armed defendant. The testimony was admitted not for
its truth, but to provide background information as to how and why the
police pursued and confronted defendant (see People v Till, , 87
NY2d 835, 837). Further, the trial court twice explicitly instructed
the jury on the limited use it could make of the testimony and that
the testimony was not to be considered proof of the uncharged crime.
Finally, defendant was not unduly prejudiced by the prosecution's
questionable remarks during summation, given the trial court's prompt
curative instructions (cf. People v Ashwal, , 39 NY2d 105, 111).
On review of submissions pursuant to section 500.4 of the Rules, order
affirmed, in a memorandum. Chief Judge Kaye and Judges Smith, Levine,
Ciparick, Wesley, Rosenblatt and Graffeo concur.
Decided June 6, 2002
SNIPPETS:
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