Appellate Division of the Supreme Court of New York, 1982

People v. Hinchey

People v. Hinchey
Appellate Division of the Supreme Court of New York · Decided January 22, 1982
86 A.D.2d 748; 447 N.Y.S.2d 775; 1982 N.Y. App. Div. LEXIS 15312
People v. Hinchey

Opinion of the Court

Judgment unanimously affirmed. Memorandum: While it was error to permit testimony of uncharged crimes, reversal is not warranted. The criminal activity testified to was not related to the crime charged and the improper testimony was limited to a single, isolated statement by the witness *749(see People v Kelly, 38 AD2d 1004). In view of the overwhelming proof of defendant’s guilt, there is no significant probability that, but for the error, the jury would have acquitted (People v Crimmins, 36 NY2d 230, 242, 243). We have examined the other contentions raised by defendant and find them to be without merit. (Appeal from judgment of Erie County Court, Wolfgang, J. — grand larceny, second degree.) Present — Simons, J. P., Hancock, Jr., Doerr, Denman and Schnepp, JJ.

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