People v Myers

2013 NY Slip Op 08292 [22 NY3d 1010]

December 12, 2013

Court of Appeals

As corrected through Wednesday, March 12, 2014

[*1]

The People of the State of New York, Respondent, v Ariel Myers, Appellant.

Decided December 12, 2013

People v Myers, 105 AD3d 1250, reversed.

APPEARANCES OF COUNSEL

Eugene P. Grimmick, Troy, for appellant.

Richard J. McNally, Jr., District Attorney, Troy (Roman Griffith of counsel), for respondent.

Memorandum.

The order of the Appellate Division should be reversed and a new trial ordered.{**22 NY3d at 1011}

Under the facts of this case, the admission of evidence of an uncharged crime [*2]allegedly committed by defendant for the purpose of establishing defendant's identity constituted an abuse of discretion (see People v Robinson, 68 NY2d 541, 549-550 [1986]; People v Molineux, 168 NY 264, 293 [1901]). Because the evidence of defendant's guilt is not overwhelming, the error is not harmless.

Chief Judge Lippman and Judges Graffeo, Read, Smith, Pigott, Rivera and Abdus-Salaam concur.

On review of submissions pursuant to section 500.11 of the Rules of the Court of Appeals (22 NYCRR 500.11), order reversed and a new trial ordered, in a memorandum.