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THE PEOPLE, res v. ANTHONY RODRIGUEZ, def-app

14-466. THE PEOPLE, res v. ANTHONY RODRIGUEZ, def-app — Judgment of conviction (Anthony J. Ferrara, J.), rendered September 20, 2013, reversed, on the law, and the matter remanded for a new trial

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14-466. THE PEOPLE, res v. ANTHONY RODRIGUEZ, def-app — Judgment of conviction (Anthony J. Ferrara, J.), rendered September 20, 2013, reversed, on the law, and the matter remanded for a new trial

On November 25, 2010, defendant was arrested and charged with resisting arrest and two counts of operating a motor vehicle under the influence of alcohol or drugs. At the trial, the court, over objection, permitted the prosecution to introduce evidence during their casein-chief that on November 3, 2010, approximately three weeks prior to the underlying incident, defendant pled guilty to unrelated charges of resisting arrest and disorderly conduct, in exchange for a promised sentence of conditional discharge. One of the conditions of the plea agreement was that defendant not be rearrested prior to sentencing. The plea allocution in connection with those charges was admitted into evidence to show defendant’s motive for resisting arrest in this matter, namely, to avoid the consequences of violating the plea agreement. The jury ultimately returned a guilty verdict to the charge of resisting arrest.

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