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PEOPLE v. PRIMO

96 N.Y.2d 351 (2001)

753 N.E.2d 164

728 N.Y.S.2d 735

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. KENRICK PRIMO, Appellant.

Court of Appeals of the State of New York.

Decided June 12, 2001.

Attorney(s) appearing for the Case

Sally Wasserman, New York City, for appellant.

Charles J. Hynes, District Attorney of Kings County, Brooklyn (Joseph Huttler and Leonard Joblove of counsel), for respondent.

Legal Aid Society, Criminal Appeals Bureau, New York City (Daniel L. Greenberg and Elizabeth Sack Felber of counsel), for Legal Aid Society, Criminal Appeals Bureau, and another, amici curiae.

Chief Judge KAYE and Judges SMITH, LEVINE, CIPARICK, WESLEY and GRAFFEO concur.

OPINION OF THE COURT

ROSENBLATT, J.

Defendant was charged with attempted murder in connection with a shooting. Seeking to show that someone else committed the crime, he moved to introduce evidence that, two months after the shooting, a person present at the shooting had used the same gun in an unrelated crime. On the appeal before us, we consider the appropriate standard for the admission of evidence of this type...

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