State v. Lopez

Citations

• 199 Conn. App. 56

Syllabus

Convicted, following a jury trial, of attempt to commit robbery in the first degree and conspiracy to commit robbery in the first degree, the defen- dant appealed to this court. Held that the defendant could not prevail on his claim that the trial court improperly admitted uncharged misconduct evidence regarding a separate robbery as the defendant failed to meet his burden of establishing harmful error: the state presented evidence beyond the uncharged misconduct evidence that overwhelmingly identi- fied the defendant, including surveillance video and eyewitness identifi- cation as well as physical evidence linking the defendant to the gun that was used in the attempted robbery and the defendant stated to the police that he and his accomplice had intended to commit robberies and were present in the store where the attempted robbery took place; moreover, the trial court instructed the jury several times that the uncharged misconduct evidence could be considered only for purposes of identification and a jury is presumed to follow limiting instructions in the absence of contrary evidence. Argued November 21, 2019—officially released July 14, 2020