[DOWNLOAD] "People State New York v. Charles Alvino" by Court of Appeals of New York * eBook PDF Kindle ePub Free
eBook details
- Title: People State New York v. Charles Alvino
- Author : Court of Appeals of New York
- Release Date : January 17, 1987
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 78 KB
Description
[71 N.Y.2d 233 Page 237] Opinion OF THE COURT These two unrelated appeals concern the admissibility, under the rule in People v Molineux (168 NY
264), of evidence of prior crimes to establish intent in the prosecution of charges in which the gist of the offense is guilty
knowledge. In People v Alvino, defendant was charged with issuing a false certificate (Penal Law § 175.40) and bribe receiving,
second degree (Penal Law former § 200.10). During their direct case, the People offered evidence of 15 similar crimes to
establish that defendant knew an amended driver's license was false when he issued it and that it was issued because of an
agreement between defendant and another to issue amended drivers' licenses for money. In People v Hernandez, defendant was
charged with various drug counts, including criminal sale, possession and possession with intent to sell. Evidence of prior
drug sales was offered on rebuttal, after defendant had admitted possession of the drugs but denied that he intended to sell
them or that he had ever sold drugs in the past, to establish his intent to sell. The evidence was properly received in both
cases and the convictions should, therefore, be sustained.