People v. Cooper

Appellate Division of the Supreme Court of New York

People v. Cooper

238 A.D.2d 194, 656 N.Y.S.2d 250, 1997 N.Y. App. Div. LEXIS 3962

CourtAppellate Division of the Supreme Court of the State of New York

DecidedApril 15, 1997

StatusPublished

Cited by4 cases

This text of 238 A.D.2d 194 (People v. Cooper) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

People v. Cooper, 238 A.D.2d 194, 656 N.Y.S.2d 250, 1997 N.Y. App. Div. LEXIS 3962 (N.Y. Ct. App. 1997).

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Opinion

—Judgment, Supreme Court, New York County (Rena Uviller, J.), rendered April 25, 1994, convicting defendant, after a jury trial, of burglary in the second degree, criminal possession of a controlled substance in the seventh degree, and bail jumping in the second degree, and sentencing him, as [195]*195a second felony offender, to concurrent prison terms of 7x/2 to 15 years and 1 year, to be served consecutively to a term of 2 to 4 years, unanimously affirmed.

The People were properly permitted to introduce evidence that at the time of defendant’s apprehension, minutes after the burglary, the items in his possession included certain burglar’s tools that were not used in the burglary. This uncharged crimes evidence was relevant to prove defendant’s intent and refute the defense theory that defendant innocently came into possession of the fruits of the burglary, and the probative value of the evidence far outweighed any potential prejudicial effect (see, People v Alvino, 71 NY2d 233). Concur— Rosenberger, J. P., Ellerin, Nardelli and Tom, JJ.

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—Judgment, Supreme Court, New York County (Rena Uviller, J.), rendered April 25, 1994, convicting defendant, after a jury trial, of burglary in the second degree, criminal possession of a controlled substance in the seventh degree, and bail jumping in the second degree, and sentencing him, as [195]*195a second felony offender, to concurrent prison terms of 7x/2 to 15 years and 1 year, to be served consecutively to a term of 2 to 4 years, unanimously affirmed.

The People were properly permitted to introduce evidence that at the time of defendant’s apprehension, minutes after the burglary, the items in his possession included certain burglar’s tools that were not used in the burglary. This uncharged crimes evidence was relevant to prove defendant’s intent and refute the defense theory that defendant innocently came into possession of the fruits of the burglary, and the probative value of the evidence far outweighed any potential prejudicial effect (see, People v Alvino, 71 NY2d 233). Concur— Rosenberger, J. P., Ellerin, Nardelli and Tom, JJ.

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Bluebook (online)

238 A.D.2d 194, 656 N.Y.S.2d 250, 1997 N.Y. App. Div. LEXIS 3962, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-cooper-nyappdiv-1997.

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