New York Court of Appeals, 2002

People v. Tosca

New York Court of Appeals · Decided June 6, 2002 · Chief Judge Kaye and Judges Smith, Levine, Ciparick, Wesley, Rosenblatt and Graffeo Concur

773 N.E.2d 1014; 98 N.Y.2d 660; 746 N.Y.S.2d 276; 2002 N.Y. LEXIS 1517 (North Eastern Reporter, Second Series)

Cases that cite this one

158 later published cases cite this decision. The 25 that cite it most often are listed here.

People v. Morris (N.Y. 2013)
People v. Resek (N.Y. 2004)
The People v. Richard Garcia / The People v. Joshue DeJesus (N.Y. 2015)
People v. Silburn (Appellate Division of the Supreme Court of New York 2016)
People v. Palencia (Appellate Division of the Supreme Court of New York 2015)
People v. Palencia (Appellate Division of the Supreme Court of New York 2015)
Sanabria v. State (Del. 2009)
People v. Miller (Appellate Division of the Supreme Court of New York 2020)
People v. Lowe (Appellate Division of the Supreme Court of New York 2018)
People v. Johnson (Appellate Division of the Supreme Court of New York 2016)
People v. Prince (Appellate Division of the Supreme Court of New York 2015)
The People v. Daniel A. Ludwig (N.Y. 2014)
KIMS, II, STANLEY R., PEOPLE v (Appellate Division of the Supreme Court of New York 2012)
People v. Wilson (Appellate Division of the Supreme Court of New York 2011)
People v. Morris (Appellate Division of the Supreme Court of New York 2011)
People v. Givhan (Appellate Division of the Supreme Court of New York 2010)
People v. Johnson (Appellate Division of the Supreme Court of New York 2007)
People v. Ballard (Appellate Division of the Supreme Court of New York 2025)
People v. Peterson (Appellate Division of the Supreme Court of New York 2025)
People v. Sirleaf (Appellate Division of the Supreme Court of New York 2024)
The People v. Sebastian Telfair (N.Y. 2023)
Moore v. Yehl (District Court, W.D. New York 2023)
People v. Nicholson (Appellate Division of the Supreme Court of New York 2022)
People v. McDaniel (Appellate Division of the Supreme Court of New York 2022)
People v. McDaniel (Appellate Division of the Supreme Court of New York 2022)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed. The trial court did not abuse its discretion in admitting the police officers’ testimony concerning an unidentified cab driver’s report of a recent encounter with the armed defendant. The testimony was admitted not for its truth, but to provide background information as to how and why the police pursued and confronted defendant (see People v Till, 87 NY2d 835, 837). Further, the trial court twice explicitly instructed the jury on the limited use it could make of the testimony and that the testimony was not to be considered proof of the uncharged crime.

Finally, defendant was not unduly prejudiced by the prosecution’s questionable remarks during summation, given the trial court’s prompt curative instructions (cf. People v Ashwal, 39 NY2d 105, 111).

Chief Judge Kaye and Judges Smith, Levine, Ciparick, Wesley, Rosenblatt and Graffeo concur.

On review of submissions pursuant to section 500.4 of the Rules of the Court of Appeals (22 NYCRR 500.4), order affirmed in a memorandum.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.