People v. Powell
| Decision Date | 14 January 1985 |
| Citation | 107 A.D.2d 718,484 N.Y.S.2d 75 |
| Parties | The PEOPLE, etc., Respondent, v. Eugene POWELL, Appellant. |
| Court | New York Supreme Court — Appellate Division |
J. Mitchell Rosenberg, Brooklyn, for appellant.
Elizabeth Holtzman, Dist. Atty., Brooklyn (Barbara D. Underwood, Nikki Kowalski and Tracy W. Young, Brooklyn, of counsel), for respondent.
Before LAZER, J.P., and BRACKEN, RUBIN and EIBER, JJ.
MEMORANDUM BY THE COURT.
Appeal by defendant from a judgment of the Supreme Court, Kings County, rendered March 23, 1982, convicting him of robbery in the first degree, grand larceny in the second degree, criminal possession of stolen property in the first degree, criminal use of a firearm in the first degree and unauthorized use of a vehicle, upon a jury verdict, and imposing sentence.
Judgment affirmed.
Evidence of a car chase and defendant's arrest in Manhattan was properly admitted at defendant's trial for a robbery committed in Brooklyn three days earlier, which is the subject of this appeal. At the outset, we note that neither defense counsel nor counsel for the codefendant objected to the testimony by the arresting police officers, thus the issue has not been preserved for appellate review (CPL 470.05, subd. 2; People v. Thomas, 50 N.Y.2d 467, 471, 429 N.Y.S.2d 584, 407 N.E.2d 430; People v. Gines, 36 N.Y.2d 932, 933, 373 N.Y.S.2d 543, 335 N.E.2d 850). Nor do the circumstances of the case at bar warrant this court to exercise its interest of justice jurisdiction. In any event, although evidence of uncharged crimes is inadmissible to show a defendant's criminal predisposition (People v. Allweiss, 48 N.Y.2d 40, 421 N.Y.S.2d 341, 396 N.E.2d 735; People v. Vails, 43 N.Y.2d 364, 401 N.Y.S.2d 320, 372 N.E.2d 320; People v. Fiore, 34 N.Y.2d 81, 356 N.Y.S.2d 38, 312 N.E.2d 174; People v. Agront, 104 A.D.2d 821, 480 N.Y.S.2d 146), if the same is offered for another relevant purpose (such as to establish identity of the perpetrator of the crime being tried), it will generally be allowed (People v. Jackson, 39 N.Y.2d 64, 382 N.Y.S.2d 736, 346 N.E.2d 537; People v. Condon, 26 N.Y.2d 139, 309 N.Y.S.2d 152, 257 N.E.2d 615; People v. Molineux, 168 N.Y. 264).
The evidence adduced at trial concerning the events which led to defendant's arrest was highly relevant to establishing defendant's guilt of the robbery. At the time of his apprehension, not only had defendant been driving the vehicle which had been stolen from Rickey Nesmith, the complainant herein, three days earlier in Brooklyn, but when asked to identify...
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