X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

14-240. THE PEOPLE, res, v. Delvin Espinal, def-app — Judgment of conviction (Kevin B. McGrath, J.), rendered September 12, 2013, affirmed.

We find no abuse of discretion in the court’s Molineux (People v. Molineux, 168 NY 264 [1901]) rulings. The court properly permitted the prosecutor to elicit evidence that seven months before the charged crime, defendant threatened the victim, his sister, punched a hole in her bedroom door, and grabbed her by the neck with both hands and applied pressure. The evidence was probative of defendant’s motive, tended to complete the victim’s narrative, provided background information explaining the abusive relationship between defendant and the victim, and placed the behavior of both defendant and the victim in a believable context (see People v. Dorm, 12 NY3d 16, 19 [2009]; People v. Levasseur, 133 AD3d 411 [2015], lv denied 27 NY3d 1001 [2016]). The court also properly exercised its discretion in modifying its initial ruling and admitting previously precluded uncharged crimes evidence. Defendant opened the door to such evidence during his cross-examination of the victim with respect to her failure to report a history of abuse by defendant (see People v. Melendez, 55 NY2d 445, 451-452 [1982]; People v. McIver, 245 AD2d 180, 180-181 [1997], lv denied 91 NY2d 1010 [1998]).

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

More From ALM

With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now
Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now
Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now
September 05, 2024
New York, NY

The New York Law Journal honors attorneys and judges who have made a remarkable difference in the legal profession in New York.


Learn More
July 11, 2024
New York, NY

The National Law Journal Elite Trial Lawyers recognizes U.S.-based law firms performing exemplary work on behalf of plaintiffs.


Learn More
July 22, 2024 - July 24, 2024
Lake Tahoe, CA

GlobeSt. Women of Influence Conference celebrates the women who drive the commercial real estate industry forward.


Learn More

Skolnick Legal Group, P.C., a construction and commercial litigation firm with offices in New Jersey and New York is seeking a Litigation As...


Apply Now ›

Cullen and Dykman is seeking an associate attorney with a minimum of 5+ years in insurance coverage experience as well as risk transfer and ...


Apply Now ›

McCarter & English, LLP is actively seeking a midlevel insurance coverage associate for its Newark, NJ and/or Philadelphia, PA offices. ...


Apply Now ›
06/27/2024
The American Lawyer

Professional Announcement


View Announcement ›
06/21/2024
Daily Business Review

Full Page Announcement


View Announcement ›
06/14/2024
New Jersey Law Journal

Professional Announcement


View Announcement ›