Majority
p. 1112The People of the State of New York, Respondent, v Chadon Morris, Appellant. [933 NYS2d 598]
Contrary to the defendant’s contention, he was not deprived of a fair trial because the trial court permitted the prosecution to introduce a recording of a telephone call to the 911 emergency number reporting that a person matching the defendant’s description committed an uncharged robbery. The challenged evidence was properly admitted to “provide background information as to how and why the police pursued and confronted [the] defendant” (People v Tosca, 98 NY2d 660 , 661 [2002]; see People v Wilson, 82 AD3d 797 , 799 [2011]; People v Givhan, 78 AD3d 730 , 731 [2010]; People v Stevenson, 67 AD3d 605 [2009];
p. 1113
People v Jenkins, 49 AD3d 780 [2008]), and the challenged evidence was more probative than prejudicial (cf. People v Resek, 3 NY3d 385 , 389 [2004]). Moreover, the trial court nullified any potential prejudice by properly instructing the jury several times as to the limited purpose of this evidence (see People v Tosca, 98 NY2d at 661 ; People v Wilson, 82 AD3d at 799 ; People v Givhan, 78 AD3d at 731 ). Angiolillo, J.E, Hall, Austin and Miller, JJ., concur.
Cases cited
- People v. Tosca 98 NY2d 660 at 661 p. 1112
- People v. Wilson 82 AD3d 797 at 799 p. 1112
- People v. Givhan 78 AD3d 730 at 731 p. 1112
- People v. Stevenson 67 AD3d 605 p. 1112
- People v. Resek 3 NY3d 385 at 389 p. 1113