| People v Winter |
| 2011 NY Slip Op 08387 [89 AD3d 966] |
| November 15, 2011 |
| Appellate Division, Second Department |
| The People of the State of New York, Respondent, v JamalWinter, Appellant. |
—[*1] Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Solomon Neubort and Emil J. Bove III ofcounsel), for respondent.
Appeal by the defendant from a judgment of the Supreme Court, Kings County (Mangano, Jr., J.),rendered December 23, 2009, convicting him of robbery in the first degree and unauthorized use of amotor vehicle in the third degree, upon a jury verdict, and imposing sentence.
Ordered that the judgment is affirmed.
The Supreme Court correctly permitted the introduction of testimony by witnesses to a robberycommitted approximately one year after the robbery in this case as evidence of the identity of theperpetrator of the instant crime. The testimony constituted clear and convincing evidence that thedefendant committed the subsequent robbery by using a distinctive and unique modus operandi similarto the manner in which the crime was committed in this case, which was probative of the defendant'sidentity as the perpetrator in this case (see People v Mateo, 93 NY2d 327, 332 [1999];People v Alvino, 71 NY2d 233, 242 [1987]; People v Christopher, 65 NY2d 417,426 [1985]; People v Beam, 57 NY2d 241, 253 [1982]; People v Molineux, 168NY 264, 293 [1901]; People vSaunders, 71 AD3d 1058, 1058-1059 [2010]; People v Alston, 62 AD3d 807, 808 [2009]).
Given the Supreme Court's numerous limiting instructions, the "probative value of this evidenceoutweighed the potential prejudice to the defendant" (People v Cornish, 280 AD2d 552, 553[2001]; see People v Alvino, 71 NY2d at 242; People v Gordon, 308 AD2d 461,462 [2003]). Rivera, J.P., Eng, Belen and Austin, JJ., concur. [Prior Case History: 26 Misc 3d1224(A), 2009 NY Slip Op 52744(U).]