Login
  • Bookmark
  • PDF
  • Share
  • CaseIQ

PEOPLE v. McMURRAY

Appellate Division of the Supreme Court of New York, Second Department.
Apr 3, 2000
Important Paras
Please sign up to view Important Paras.
DECISION ORDER

ORDERED that the judgment is affirmed.

Contrary to the defendant's contention, the court providently exercised its discretion in admitting testimony that the defendant was on parole at the time the instant crime was committed, in order to establish his motive for shooting the victim (see, People v. Allweiss, 48 N.Y.2d 40 ; People v. Molineux, 168 N.Y. 264, 293 ; People v. Robinson, 200 A.D.2d 693, 693-694 ). The court minimized prejudice to the defendant by prohibiting testimony as to the nature of the crime underlying the defendant's parole, and by instructing the jury that the testimony regarding the defendant's parole status was to be considered solely on the issue of motive (see, People v. Robinson, 200 A.D.2d 693, 694 ).

The defendant's remaining contentions are either unpreserved for appellate review or without merit.