People v. Martire

Appellate Division of the Supreme Court of New York

People v. Martire

266 A.D. 361, 42 N.Y.S.2d 327, 1943 N.Y. App. Div. LEXIS 3569

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

DecidedJune 22, 1943

StatusPublished

This text of 266 A.D. 361 (People v. Martire) 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. Martire, 266 A.D. 361, 42 N.Y.S.2d 327, 1943 N.Y. App. Div. LEXIS 3569 (N.Y. Ct. App. 1943).

Pincite

Opinion

Per Curiam.

The admission of evidence of other alleged crimes constituted error which requires reversal of the judgment. It do.es not appear that these alleged crimes were part of any general plan or scheme which included the offense charged in the information nor did they tend to establish the defendant’s criminal intent in relation to that offense. (People v. Horie, 258 App. Div. 246.)

The judgment of conviction should be reversed and a new trial granted.

Untbrmybr, Dore, Cohn and Callahan, JJ., concur; Martin, P. J., concurs in result.

Judgment unanimously reversed and a new trial ordered.

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