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PEOPLE v. BERGER

Appellate Division of the Supreme Court of New York, Fourth Department.
Nov 15, 1989
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Judgment unanimously affirmed. Memorandum: On appeal from a conviction for insurance fraud, defendant's primary claim is that the court erred in admitting evidence of uncharged crimes. We disagree. The testimony of two associates of the defendant that he participated in similar schemes to defraud was admissible to establish defendant's motive and intent relative to the incident charged in the indictment (see, People v Allweiss, 48 N.Y.2d 40, 47; People v Schwartzman, 24 N.Y.2d 241, 247-248; People v Molineux, 168 N.Y. 264). The court properly concluded that the probative value of such testimony outweighed whatever prejudice defendant might suffer (see, People v Ventimiglia, 52 N.Y.2d 350, 359-360) and repeatedly admonished the jury of the limited purpose for admitting such evidence (see, People v Lawson, 124 A.D.2d 853, 854, lv denied 69 N.Y.2d 829). We have considered the remaining claims raised by assigned counsel and defendant pro se and find that each one lacks merit.