Appellate Division of the Supreme Court of New York, 1943

People v. Martire

Appellate Division of the Supreme Court of New York · Decided June 22, 1943

266 A.D. 361; 42 N.Y.S.2d 327; 1943 N.Y. App. Div. LEXIS 3569

Counsel

Arthur M. Laufer for appellant., George Raducan of counsel (Bernard L. Alderman with him on the brief; Frank S. Hogan, District Attorney), for respond-ent.

Opinion of the Court

Per Curiam.

The admission of evidence of other alleged crimes constituted error which requires reversal of the judgment. It do.es not appear that these alleged crimes were part of any general plan or scheme which included the offense charged in the information nor did they tend to establish the defendant’s criminal intent in relation to that offense. (People v. Horie, 258 App. Div. 246.)

The judgment of conviction should be reversed and a new trial granted.

Untbrmybr, Dore, Cohn and Callahan, JJ., concur; Martin, P. J., concurs in result.

Judgment unanimously reversed and a new trial ordered.

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