| People v Coppeta |
| 2015 NY Slip Op 01012 [125 AD3d 1304] |
| February 6, 2015 |
| Appellate Division, Fourth Department |
[*1]
| The People of the State of New York, Respondent, vChristine L. Coppeta, Appellant. |
Timothy P. Donaher, Public Defender, Rochester (Kimberly F. Duguay of counsel),for defendant-appellant.
Sandra Doorley, District Attorney, Rochester (Daniel Gross of counsel), forrespondent.
Appeal from a judgment of the Supreme Court, Monroe County (Joseph D.Valentino, J.), rendered June 15, 2010. The judgment convicted defendant, upon a juryverdict, of offering a false instrument for filing in the first degree (two counts).
It is hereby ordered that the judgment so appealed from is unanimouslyaffirmed.
Memorandum: On appeal from a judgment convicting her, upon a jury verdict, oftwo counts of offering a false instrument for filing in the first degree (Penal Law§ 175.35), defendant's sole contention is that Supreme Court erred indenying her motion for a mistrial on the ground that the testimony of a witness that abracelet was missing from the witness's residence was Molineux evidence andwas improperly admitted because she did not receive the requisite notice of thetestimony. We conclude that defendant's contention is without merit because thetestimony did not implicate defendant in the commission of any uncharged crime andthus it did not constitute Molineux evidence (see People v Hillard, 79 AD3d 1757, 1758 [2010], lvdenied 17 NY3d 796 [2011]; see generally People v Arafet, 13 NY3d 460, 464-465[2009]). Present—Scudder, P.J., Fahey, Peradotto, Carni and Whalen, JJ.