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PEOPLE v. ARAFET

No. 142

13 N.Y.3d 460 (2009)

2009 NY Slip Op 7482

920 N.E.2d 919

892 N.Y.S.2d 812

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. NASIN ARAFET, Appellant.

Court of Appeals of New York.

Decided October 22, 2009.

Attorney(s) appearing for the Case

Cynthia Feathers, Saratoga Springs, and E. Stewart Jones Law Firm, Troy (E. Stewart Jones, Jr., of counsel), for appellant.

Robert M. Carney, District Attorney, Schenectady (Philp W. Mueller of counsel), for respondent.

Judges GRAFFEO, READ and PIGOTT concur with Judge SMITH; Judge CIPARICK dissents and votes to reverse in a separate opinion in which Chief Judge LIPPMAN and Judge JONES concur.

[13 N.Y.3d 463]

OPINION OF THE COURT

SMITH, J.

Defendant, convicted of stealing a trailer containing a million dollars worth of merchandise, claims that his rights under People v Molineux (168 N.Y. 264 [1901]) were violated when evidence of four other criminal incidents was admitted at his trial. As to three of the incidents, we hold that there was no error. The evidence relating to the fourth incident should not...

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