PEOPLE v. TORRES

Defendant has not established that he was prejudiced in any manner by the fact that a Ventimiglia hearing (People v. Ventimiglia, 52 N.Y.2d 350, 361-362), which resulted in the receipt of uncharged crime evidence that was clearly admissible under People v. Molineux ( 168 N.Y. 264), was conducted during rather than prior to trial. A defendant is not entitled to have such a hearing conducted before trial commences, or to receive pretrial notice of the People's intention to offer evidence under a Molineux theory (People v. McLeod, 279 A.D.2d 372, lv denied 96 N.Y.2d 921; compare CPL 240.43).

THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.