· 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 CourtListenerSourced 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.