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· 3/20/2014

Ramirez v. BB & BB Management Corp.

Citations

  • 115 A.D.3d 555
  • 982 N.Y.S.2d 310

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • recognizing that article I, section 18(c)’s legal relevance test includes “[t]he determination of how much and what kind of probative value particular propensity evidence may have”
  • holding that the trial court did not abuse its discretion in admitting the evidence in part because there were no eyewitness accounts and “[n]o other scientific, forensic, medical, or psychological witness was available”
  • noting that “it is safe to say a general prohibition against the use of propensity evidence in criminal cases has been firmly engrained in American jurisprudence throughout much of the nation’s history”
  • finding that to show evidence is probative, the evidence “must tend to show the defendant actually had a propensity to commit the charged crime at the time it is alleged to have occurred.”
  • finding evidence of prior criminal acts probative of charged acts when they are highly similar and close in time
  • reviewing several federal circuit court cases that found the admission of certain propensity evidence in cases concerning sexual assault is not unconstitutional because it is tempered by the probative-versus-prejudicial balancing test

Source: CourtListener parenthetical corpus (CC0).

Judges: Clark, Daniels, Friedman, Gische, Manzanet, Tom

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.