People v. Avila
| Citation | 754 N.Y.S.2d 885,303 A.D.2d 165 |
| Parties | THE PEOPLE OF THE STATE OF NEW YORK, Respondent,<BR>v.<BR>SANTIAGO AVILA, Appellant. |
| Decision Date | 04 March 2003 |
| Court | New York Supreme Court — Appellate Division |
The court properly exercised its discretion in admitting expert testimony regarding gang customs and rituals. This testimony was explanatory of defendant's actions and unusual statements at the time of the crime and was relevant to his motive (see People v Edwards, 295 AD2d 270 [2002]; People v Tai, 224 AD2d 328 [1996], lv denied 88 NY2d 942 [1996]). The court's thorough instructions minimized any prejudicial effect. Defendant's related argument concerning the People's summation is unpreserved and we decline to review it in the interest of justice. Were we to review this claim, we would reject it.
We perceive no basis for reducing the sentence.
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5 cases
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Murray v. New York
...hierarchies and violent practices of gang, was admissible since it was highly probative of defendant's motive."); People v. Avila, 303 A.D.2d 165, 166 (N.Y. App. Div. 2003) ("The court properly exercised its discretion in admitting expert testimony regarding gang customs and rituals. This t......
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Cummins v. Lee
...courts have noted that a trial court's "thorough instructions" may serve to minimize any prejudicial effect. See People v. Avila, 754 N.Y.S.2d 885 (N.Y. App. Div. 2003) ("The court properly exercised its discretion in admitting expert testimony regarding gang customs and rituals. This testi......
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People v. Scott
...of the defendant's motive for shooting and killing the victim (see People v. Scott, 70 A.D.3d 977, 897 N.Y.S.2d 138;People v. Avila, 303 A.D.2d 165, 754 N.Y.S.2d 885).DILLON, J.P., DICKERSON, AUSTIN and MILLER, JJ.,...
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People v. Scott
...of the relationship between the defendant and the victim ( see People v. Cain, 16 A.D.3d 288, 792 N.Y.S.2d 60; People v. Avila, 303 A.D.2d 165, 754 N.Y.S.2d 885; People v. Edwards, 295 A.D.2d 270, 743 N.Y.S.2d 872). The defendant's Batson challenge ( see Batson v. Kentucky, 476 U.S. 79, 106......
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