| People v Scott |
| 2011 NY Slip Op 04823 [85 AD3d 481] |
| June 9, 2011 |
| Appellate Division, First Department |
| The People of the State of New York, Respondent, v DavidScott, Appellant. |
—[*1] Cyrus R. Vance, Jr., District Attorney, New York (Frank Glaser of counsel), forrespondent.
Judgment, Supreme Court, New York County (Roger S. Hayes, J.), rendered March 6, 2009,convicting defendant, after a jury trial, of identity theft in the first degree and 10 counts ofcriminal possession of a forged instrument in the second degree, and sentencing him toconcurrent terms of 2 to 4 years on each count, unanimously affirmed.
As defendant concedes, he did not preserve for appellate review his contention that the trialevidence was insufficient to establish that he assumed the identity of another and therebycommitted or attempted to commit a D felony or higher level crime (Penal Law § 190.80[3]), and we decline to review it in the interest of justice.
The court properly exercised its discretion in admitting evidence of uncharged crimesinvolving some of the same forged credit cards to establish that defendant possessed the cardswith intent to defraud and to demonstrate the absence of mistaken or transitory possession. Thisevidence was very probative of material issues, and its probative value outweighed its potentialfor prejudice, which the court minimized by way of proper limiting instructions.Concur—Saxe, J.P., Friedman, Freedman and Richter, JJ.