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People v. Devine

300 A.D.2d 598 Court N.Y. App. Div. Decision date 2002-12-23 English

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p. 598
The People of the State of New York, Respondent, v Darrell Devine, Appellant.
[751 NYS2d 868]

—Appeal by the defendant from a judgment of the Supreme Court, Kings County (Gary, J.), rendered May 3, 2001, convicting him of criminal possession of stolen property in the third degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is reversed, on the law, and a new trial is ordered.

The Supreme Court erred in admitting testimony of prior criminal acts by the defendant on the People’s direct case pursuant to People v Molineux ( 168 NY 264 ) to prove an absence of mistake (see People v Heiss, 221 AD2d 562 , 563; People v Jones, 201 AD2d 504 , 505). Because the error was not harmless, a new trial is ordered.

In light of this determination, we need not reach the defendant’s remaining contention. Ritter, J.P., Goldstein, Crane and Mastro, JJ., concur.

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