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THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. CHINO MELENDEZ, Appellant.

Appeal by defendant from a judgment of the County Court, Kings County, rendered June 4, 1959, after a jury trial, convicting him of robbery in the first degree, and sentencing him to serve a term of 15 to 25 years at Sing Sing. Judgment reversed on the law and the facts, and a new trial granted. It was serious prejudicial error for the trial court to admit evidence indicating that the defendant, five days after the commission of the offense for which he was being tried, was guilty of another crime: the illegal possession of a firearm. Such subsequent illegal possession, being unrelated to the crime charged, was of no probative force in proving the crime. Hence, it should have been excluded. Nolan, P.J., Ughetta, Kleinfeld, Pette and Brennan, JJ., concur.

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PEOPLE v. MELENDEZ
(Jul 5, 1961)