People v Myers

People v Myers 2013 NY Slip Op 08292 Decided on December 12, 2013 Court of Appeals Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on December 12, 2013
No. 259 SSM 38

[*1]The People & c., Respondent,

v

Ariel Myers, Appellant.




Submitted by Eugene P. Grimmick, for appellant.
Submitted by Roman Griffith, for respondent.


MEMORANDUM:

The order of the Appellate Division should be reversed and a new trial ordered.

Under the facts of this case, the admission of evidence of an uncharged crime [*2]allegedly committed by defendant for the purpose of establishing defendant's identity constituted an abuse of discretion (see People v Robinson, 68 NY2d 541, 549-550 [1986]; People v Molineux, 168 NY 264, 293 [1901]). Because the evidence of defendant's guilt is not overwhelming, the error is not harmless.
* * * * * * * * * * * * * * * * *
On review of submissions pursuant to section 500.11 of the Rules, order reversed and a new trial ordered, in a memorandum. Chief Judge Lippman and Judges Graffeo, Read, Smith, Pigott, Rivera and Abdus-Salaam concur.
Decided December 12, 2013